214-WP-621-2014-J.DOC

Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.621 OF 2014

Mr. Andrew D’ Cunha,

age 52 years, Indian National,

service, resident of Boa Vista,

2/27/A Near Seashore, Vadem,

Vasco Da Gama, Goa -403802.

…PETTIONER

Versus

1. The Scrutiny Committee for

Verification of Other Backward Class

Certificate, Government of Goa,

having its office at Secretariat,

Porvorim, Bardez, Goa.

2. State of Goa,

through the Chief Secretary,

Government of Goa, having its

office at Secretariat,

Porvorim, Bardez, Goa.

3. Mr. Tukaram Kshemchandra Redkar,

Councillor from ward No.V of

Mormugao Municipal Council,

Age 40 years, resident of

H. No.13/278, Jetty,

Harbour Mormugao.

4. Smt. Manda Malwankar @

Suchita Subhash Shirodkar,

Councillor from Ward No.X

of Mormugao Municipal Council,

resident of H.No.564/09,

Pedenkar Building, Baina,

Mormugao.

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5. Shri Manesh Chandrakant Arolkar,

Councillor from ward No.XIV of

Mormugao Municipal Council,

resident of H. No.236, Chandraprabha,

Belabai, Vasco-da-Gama.

6. Shri Premanand Pundalik Nanoskar,

Councillor of ward No. XVIII of

Mormugao Muncipal Council,

residing behind Ganesh temple,

New Vaddem, Vasco-da-Gama,

Goa.

…RESPONDENTS

Mr. Gajendranath R. Usgaonkar, Advocate for the Petitioner.

Ms. Susan Linhares, Additional Government Advocate for the

State.

Mr. V. Lawande with Mr. P. Redkar, Advocates for Respondent

No.5.

CORAM:

M. S. SONAK &

M. S. JAWALKAR, JJ

DATED:

31st August 2021

JUDGMENT (Per M.S. Sonak, J.):

1.

Heard Mr. Gajendranath Usgaonkar for the Petitioner,

Ms. Susan Linhares learned Additional Government Advocate for

the State, and Mr. V. Lawande with Mr. P. Redkar for Respondent

No.5.

2.

The petitioner, by instituting the present petition, has

applied for the following reliefs:

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“(a) This Hon'ble Court be please to quash and set

aside the impugned order dated 9th May 2014

passed by the Respondent No.1 and declare that

Respondent Nos. 3 to 6 does not belong to

“Bhandari naik” OBCs caste.

(b) This Hon'ble Court be please to direct the

Respondent No.2 to re-constituted the Scrutiny

Committee with Research Officer or person having

knowledge of identification of caste.

(c) Further, direct the Scrutiny Committee

Respondent No.1 to refuse the claim of those who

fails to show on strength of document that their

ancestors belonged to toddy tapper occupation of

“Bhandari Naik”.

(d) This Hon'ble Court be please to direct

respondent no.1 to place before this Hon'ble Court

numbers of certificate issued by it by passing

reasoned orders as directed by this Court in

judgment passed in Writ Petition No.268 of 2013.

(e)

Any other order as deemed fit and proper in

the circumstances of the case.

”

3.

The petitioner, by instituting Writ Petition No.268/2013,

had earlier challenged the order made by the Caste Scrutiny

Committee upholding the validity of the provisional caste

certificate issued in favor of respondents no.3 to 6. This Court,

upon recording satisfaction that the Caste Scrutiny Committee,

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had disposed of the matter before it without adhering to the

guidelines laid down by the Hon'ble Supreme Court in the case

of Kumari Madhuri Patil and another v. Addl. Commissioner,

Tribal Development and Others – (1994) 6 SCC 241, set

aside the order made by the Caste Scrutiny Committee and

remanded the matter for fresh consideration. In the Judgment

and Order dated 23.09.2013 disposing of the Writ Petition

No.268/2013, this Court, recorded the statement of the learned

Advocate General that the State would issue comprehensive order

in tune with the guidelines laid down by the Hon'ble Supreme

court in Madhuri Patil (supra).

4.

The State Government, as undertaken by it, issued an

Order dated 15.11.2013 on the subject of verification of Social

Status (Caste)Certificate setting out the guidelines/proced