Point of Law: Caste claim – Forged and fabricated - - Forefather of the respondent no.3 were “Sikh Chamar”, the respondent no.2 accepted the caste claim of the respondent no.3 as “Mochi” which is a separate caste - Scrutiny Committee shall take all caution and guarded approach before validating the Caste Certificate

JUDGMENT :

[Per : R.D. DHANUKA,J.] :-

1. Rule, Respondents waive service. By consent of parties petitions were heard finally and are being disposed off by a common order. By Writ Petition No. 3370 of 2018 the Petitioner has impugned the order passed by the District Caste Certificate Scrutiny Committee, Mumbai Suburban, dated 03.11.2017 (Respondent No.2), validating the caste claim of Respondent No.3 s “Mochi” - Scheduled Caste and prayed for quashing and setting side the caste certificate dated 30.08.2013 issued by the Deputy Collector, Mumbai in favour of Respondent No. 3.

2. Writ Petition No 2675 of 2019 is filed by one Raju Shamrao Mankar, interalia praying for a writ of certiorari for quashing and setting aside the order dated 03.11.2017 passed by Respondent No. 2, District Caste Certificate Scrutiny Committee, Mumbai Suburban in favour of Respondent No. 3. The reliefs claimed in this writ petition are identical to the reliefs claimed in Writ Petition No. 3370 of 2018.

3. Writ Petition (Lodging) No.9426 of 2020 is filed by Mrs. Navneet Kaur Harbhajansingh Kundles, who is Respondent No. 3 in Writ Petition Nos. 3370 of 2018 and 2675 of 2019, interalia praying for a writ of certiorari for quashing and setting aside the finding at para-4 in respect of non-consideration of Petitioner’s oldest documents of the year 1894-1895, 1920-1921, 1936-1937, 1940-1941, 1944-1945 in the impugned judgment and order dated 03.11.2017 passed by the District Caste Scrutiny Committee, Mumbai Suburban. The Petitioner has also prayed for declaration that those oldest documents also support and establish the caste claim of the Petitioner as Mochi (Schedule Caste). The Petitioner has prayed for declaration that School Leaving Certificate of the Petitioner’s Kartika High School and Junior College, Kurla also establishes the caste of Petitioner as Mochi (SC).

4. Some of the relevant facts for the purpose of deciding these three writ petitions are as under :-

5. It is the case of the Petitioner in Writ Petition No. 3370 of 2018 that he belongs to Hindu-Chambhar Caste, which is recognized as a Scheduled Caste, and had contested the parliamentary Election in the year 2014 from Amravati Constituency, which was reserved for the Scheduled Caste Category and was elected from the said reserved constituency. Respondent No. 3 had also contested the said election from the said constituency. The Petitioner was elected as a member of the parliament for the first time in the year 1996 for the 11th Lok Sabha tenure and again in the year 1999, 2004, 2009 and 2014 respectively and was elected as a Member of Parliament. The Petitioner was also the Union Minister of State Finance and Company Affairs and at present he is Member of Parliament. It is the case of the Petitioner that Respondent No.3 with an intention to contest the Parliamentary Election-2014 from Amravati constituency, reserved for Scheduled Caste, started taking steps with the help of forged and fabricated documents.

6. According to the petitioner, the respondent No. 3 asked her father one Harbhajansingh Ramsingh Kundles to create records that could be used by her for obtaining caste validity certificate. The father of Respondent No. 3 accordingly applied to the Gram-Panchayat, Ganja -Dhekale, Tal. Palghar, Dist. Thane to include his name in the birth – register maintained by the said Grampanchayat on 02.07.2012. The father of Respondent No. 3 filed an affidavit on 10.07.2012, mentioning therein that his birth took place in the said village on 17.04.1949. It is the case of the Petitioner that date of birth of the father of the Respondent No. 3 was not 17.04.1949 but it was 17.04.1954, as per the various documents submitted by him like PAN Card and his Passport etc. and his place of birth is “Khokhara- Punjab”. The father of the Respondent No. 3 obtained various documents fraudulently.

7. It is the case of the Petitioner that Respondent No. 3 used those forged and fabricated documents and declared herself as reserve