PER ANOOP V. MOHTA, J. :

Rule, returnable forthwith.

Heard finally, by consent of the parties.

2. The Petitioner, a third party, has challenged the orders passed by the Caste Scrutiny Committee (for short “the Committee”), validating the caste of Respondent No.4, original claimant as “East Indian Christian”. Both had contested the General Body Election of Thane Municipal Corporation. The Petitioner lost the election. The Petitioner's objection about the caste certificate was rejected, therefore this Writ Petition.

3. Respondent No.4 born in Christian family and baptisted accordingly, so also his father, uncles and forefathers. His family's place of residence is at Majiwade, Thane. His school leaving certificate is of 1987. On 1 March 2006, in view of recommendation of State Backward Commission, the caste “East Indian Christian” was included in the list of OBC as per the GR of State of Maharashtra. From 2009 onwards, a procedure prescribed by the Chancellor of Archdiocese of Bombay to grant permission to enter the caste in Baptism Certificate. On 19 April 2011, the Baptism Certificate of Respondent No.4 with remark as “East Indian Christian” issued by the Chancellor. On 12 May 2011, an affidavit alongwith documents for caste certificate was filed. On 30 May 2011, the Caste Certificate issued by Sub Divisional Officer (SDO), Thane. On 5 September 2011, an application was made for verification of Caste Certificate. On 5 December 2011, an Application was filed for adding the caste of Respondent No.4 in the School Leaving Certificate. The School Leaving Certificate dated 7 December 2011 was issued with remark “East Indian Christian”, so also the Junior College Leaving Certificate. The Scrutiny Committee called for a report.The Vigilance Cell, verified the documents with original, visited area, considered the material for affinity and after complying with all the formalities, submitted its report on 6 December 2011 to the Committee certifying that Respondent No.4 is “East Indian Christian”.

4 On 11 January 2012, the Caste Verification Certificate was issued. The committee relied the following documents and the materials :

a) Baptism Certificate, b) School Leaving Certificate, c) Land Record, d) Resident proof, e) Revenue Survey, f) Gazetteer of Thane, g) Affinity Test, h) Recommendation of State Backward commission dated 1st March, 2006 and i) Explanation furnished on tradition, custom etc.

5. In April, 2012, Order dated 11 January 2012 was challenged in Writ Petition No. 2473 of 2012 by the Petitioner, which was withdrawn, with liberty. On 22 May 2012, Petitioner filed a complaint before Respondent No.2. On 22 August 2012, Criminal Writ Petition No. 2247 of 2012 was filed to register FIR against Respondent No.4, the same was dismissed. In October, 2012, a Special Leave Petition (SLP) challenging order dated 22 August 2012 was also dismissed. On 4 March 2013 the complaint was rejected.

6. The Petitioner's main contentions are revolve around the doctrine “suppressio veri”, “suggestio falsi” and “fraud and misrepresentation” by submitting interpolated/fabricated school leaving certificate of St. Baptist High School and of St. John Baptist High School and Junior College, on the basis of following alleged facts and events :14.06.1976 The Opponent/applicant Mr. Lawrence D'Souza was admitted in St. John Baptista High School, Thane at General Register No. 2941 and his caste was recorded as plain as “Christian” in the column meant for caste with subcaste. 31.05.1982 The opponent/applicant left his school on 31.05.1982. The school leaving certificate dated 10.06.1982 shows his caste as “Christian”. 23.06.1984 The opponent/applicant was thereafter, admitted in the St. John the Baptist Junior College, Kambli Naka, Thane – 400 601, where his caste was recorded as “Christian” in the General School Admission Register at serial no. 1666. 01.08.2007 The opponent/applicant left the St. John the Baptist Junior College, Jambli Naka, Thane and he was