Ramesh Kishan More vs State of Maharashtra and others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1995 Supreme(Bom) 404

IN THE HIGH COURT OF BOMBAY
A.C. Agarwal and G.R. Majithia, JJ.
Ramesh Kishan More.... Petitioner.
Versus
The State of Maharashtra and others.... Respondents.
Writ Petitions No. 1905, 1913, 2141, 3089, 3097, 3164, 3496, 3596, 3677, 3679, 3716, 3818,
3940, 3941, 4177 4195 of 1995, decided on 14-9-1995.
Advocates appeared :
Y.S. Jahagirdar, for the petitioner, in W.P. Nos. 1905, 3164, 4177 4195 of 1995.
M.N. Zambre, A.G.P., for the respondents, in W.P. Nos. 1905, 1913, 3089, 3097, 3164, 3496, 3596, 3677, 3679, 3716, 3818, 3940, 3941, 4177 4195 of 1995.
Nitin Jamdar, for the petitioner, in W.P. Nos. 1913, 3496, 3596 3940 of 1995.
R.V. More, for the petitioner, in W.P. No. 2141 of 1995.
U.G. Kerkar, A.G.P., for the respondents, in W.P. No. 2141 of 1995.
D.B. Bhosale, for the petitioner, in W.P. No. 3089 of 1995.
G.N. Salunke, for the petitioner, in W.P. No. 3097 of 1995.
N.V. Gangal, for the petitioner, in W.P. No. 3677 of 1995.
V.G. Mujumdar, for the petitioner, in W.P. No. 3679 of 1995.
R.S. Deshpande, for the petitioner, in W.P. No. 3716 of 1995.
L.T. Pokhalkar, for the petitioner, in W.P. No. 3818 of 1995.
P.J. Pawar, for the petitioner, in W.P. No. 3941 of 1995.

Headnote:Article 342-Caste claim-Explanation of-Scheduled Tribe Caste Verification Committees decision cannot get finality by abrogating right of appeal on ground of administrative convenience-The workload had increased with Appellate Authorities-Hence, they were not able to render decisions In appeal within a specified time-limit wholly unjustified.
The Director concerned, on receipt of the report from the vigilance officer if he found the claim for social status to be not genuine or doubtful or spurious or falsely or wrongly claimed, the Director concerned should issue show-cause notice supplying a copy of the report of the vigilance officer to the candidate by a registered post with acknowledgment due or through the head of the concerned educational institution in which the candidate is studying or employed. The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice and in no case on request not more than 30 days from the date of the receipt of the notice. In case, the candidate seeks for an opportunity of hearing and claims an inquiry to be made in that behalf, the Director on receipt of such representation/reply shall convene the Committee and the Joint/Addl. Secretary as Chairperson who shall give reasonable opportunity to the candidate parent/guardian to adduce all evidence in support of their claim: A public notice by beat of drum or any other convenient mode may be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may be given to him/it. After giving such opportunity either in person or through Counsel, the Committee may make such inquiry as, it deems expedient and consider the claim vis-a-vis the objections raised by the candidate or opponent and pass an appropriate order with brief reasons in support thereof.

JUDGMENT - G.R. MAJITHIA, J. :--This judgment disposes of Writ Petitions Nos. 1905 of 1995, 1913 of 1995, 2141 of 1995, 3089 of 1995, 3097 of 1995, 3164 of 1995, 3496 of 1995, 3596 of 1995, 3677 of 1995, 3679 of 1995, 3716 of 1995, 3818 of 1995, 3940 of 1995, 3941 of 1995, 4177 of 1995 and 4195 of 1995 as a common question of law arises for adjudication therein.

2. Reference to relevant facts has been made from the pleadings in Writ Petition No. 1905 of 1995. The petitioner, Ramesh Kishan More, is working as Peon in the Collectorate of Satara. He entered service against a seat reserved for a candidate belonging to Scheduled Tribe representing that he belonged to Scheduled Tribe Mahadeo Koli. On the basis of the Caste Certificate issued by the Executive Magistrate, Koregaon, his claim against the reserved seat was recognised. The case of the petitioner was referred to the Committee for Scrutiny and Verification of Tribe Claims, Pune, as provided for in Government Resolution dated January 23, 1985, by the Executive Engineer, Public Works Department, Satara, in whose office the petitioner was previously working. The Scrutiny Committee comprising of Chairman - Deputy Director (R), Member - Research Officer and Member Secretary - Research Officer, vide its order dated October 27, 1994 cancelled the Caste Certificate dated September 10, 1982 issued by the Executive Magistrate that the petitioner belonged to Mahadeo Koli Scheduled Tribe Community. The Scrutiny Committee held that the petitioner did not belong to the Mahadeo Koli Scheduled Tribe Community.

3. Government of Maharashtra, by Resolution No. CBC-1684/2818/(291)/XI, dated January 23, 1985, appointed a Scrutiny Committee for Verification of Caste Certificate of Scheduled Tribe for the following purpose :

"2. The Scrutiny Committee will do the following work :

i) Verify the caste certificates of the Scheduled Tribe students seeking admissions in different educational institutions at different levels.

ii) Verify the caste certificates of the Scheduled Tribes recommended by Maharashtra Public Service Commission and different Commissions appointed by the Government for the seats reserved for the Scheduled Tribes.

iii) Verify the caste certificates of the Government Servants according to the request/complaints made by the concerned departments/offices.

iv) Any work entrusted by Government in respect of Scrutiny of caste certificates of Scheduled Tribes."

By Resolution No. CBC-1684/(392)/D-XI dated March 8, 1985, the State Government appointed Appellate Authorities. So far as the work of verification of Caste Certificates of Scheduled Tribe candidates seeking admission to different educational institutions at different levels, mentioned in para 2(i) of Government Resolution No. CBC-1684/2818/(291)D-XI dated January 23, 1985, Additional Commissioner, Tribal Development, Nagpur, and Additional Commissioner, Tribal Development, Nashik, were the Appellate Authorities for Nagpur and Amravati Divisions and Bombay, Konkan, Nashik, Pune and Aurangabad Divisions, respectively. The State Government, by the said resolution, appointed the Divisional Commissioners as Appellate Authorities so far as the work of verification of Caste Certificates mentioned in para 2(ii) and (iii) of Government Resolution dated January 23, 1985. The resultant effect was that decisions of the Scrutiny Committee were tested by the Appellate Authorities in appeal.

By Resolution No. STC-1893/M. No. 13/D.10 dated July 17, 1993, the State Government revoked Resolution No. CBC-1684/(892)/D-XI dated March 8, 1985 and the decision of the Scheduled Tribes Caste Certificate Verification Committee in respect of claims of members of Scheduled Tribes seeking admission in Medical and Engineering Colleges and in respect of service matters was made final and the right of appeal provided against the decision of the said committee under the Resolution dated March 8, 1985 was revoked. It will be useful to reproduce the English translation

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