The significance of documentary evidence and the Vigilance report in determining the validity of a caste claim.

JUDGMENT :

S.G.Dige, J.

By this Petition, the Petitioner is challenging the order dated 11/07/2017 passed by Respondent No.1-Caste Scrutiny Committee (for short ‘Scrutiny Committee’) invalidating the Caste Certificate of the Petitioner as ‘Muslim Machchhimar (Daldi)’.

2. The Divisional Officer, Pune issued a caste certificate in favour of petitioner on 17/01/2017 as Muslim Machchhimar (Daldi). The Petitioner submitted an application to the Scrutiny Committee, Pune for verification and validation of her caste certificate. The Petitioner contested the general elections of Pune Municipal Corporation from Ward No.24B, Ramtedki - Sayed Nagar, Pune as an independent candidate for the seat which was reserved for OBC (Woman) category. The Petitioner was declared as elected as an independent candidate. The Scrutiny Committee sent the matter to the Vigilance Cell for enquiry. Accordingly, the Vigilance Cell made enquiry in respect of caste claim of Petitioner and submitted report to the Scrutiny Committee. After receiving Vigilance report, the Scrutiny Committee issued a show- cause notice to the Petitioner. Petitioner submitted her reply to the show-cause notice. Before the Scrutiny Committee, respondent nos.3, 4 and 5 have objected for issuance of validity of the caste certificate to the petitioner. After hearing the parties the Scrutiny Committee passed the order and rejected the caste claim of the Petitioner. The said order is under challenge. During pendency of Petition, Petitioner amended the Petition and sought some additional reliefs.

3. It is the contention of learned Counsel for the Petitioner that the Petitioner is resident of Pune. Her forefathers were from Dapoli. Earlier they were residing together at Dapoli, Taluka - Dapoli, Dist. Ratnagiri and traditional occupation of her family was fishing. They are recognized as “Muslim Machchhimkar (Daldi)”. Learned Counsel further submitted that Scrutiny Committee has not considered various documents produced by Petitioner alongwith her reply to the show-cause notice, the said documents were not taken on record by the Scrutiny Committee, which shows the Petitioner belongs to “Muslim Machchhimkar (Daldi)”. The Petitioner’s family was engaged in business of selling of fish but this fact was not considered by Scrutiny Committee. From Vigilance Cell report it is revealed that in local enquiry the witnesses have stated that Petitioner belongs to “Muslim Machchhimkar (Daldi)” but the said fact was not considered by the Scrutiny Committee. The order passed by Scrutiny Committee is devoid of merit, hence, liable to be set aside.

4. It is the contention of learned AGP that documents filed by Petitioner does not show her caste as “Muslim Machhimar (Daldi)”. The Vigilance report does not support Petitioner’s caste claim. The Scrutiny Committee has passed order by considering submissions of all parties.

It was burden on the Petitioner to prove that her caste is “Muslim Machchhimkar (Daldi)” but Petitioner could not prove her caste. Hence, order passed by the Scrutiny Committee is just and proper.

5. It is the contention of learned Counsel for Respondent No.3 that Petitioner has failed to prove her claim before the Scrutiny Committee that she belongs to “Muslim Machhimar (Daldi)”. Petitioner has also failed to prove that her forefathers were from the village Dapoli. Nikahnama of Shri Bashirkhan on which Petitioner is relying was not produced by Petitioner before Vigilance Cell or Scrutiny Committee and the same is produced in the present writ petition for the first time. The contentions of Petitioner that her family was engaged in fishing activities and business of selling fish are false.

6. We have considered the rival submissions of all parties. We have perused the impugned order of Caste Scrutiny Committee as well as documents produced on record. The Petitioner is claiming that she belongs to caste of “Muslim Macchimar (Daldi)”. The documents produced by Petitioner simply records Muslim and do not sh