SANDEEP MANOHARRAO WAYSAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Considering the small issue involved in the present writ petition about sanctity of the order passed by the Scrutiny Committee the respondent no.2 dated 13/03/ 2009, by the consent of the parties, the writ petition is finally heard at the stage of admission it self.

(2.) By the present writ petition filed under Article 226 of The Constitution of India, the petitioner herein has prayed for issuance of writ of certiorari to quash and set aside the order passed by the Scrutiny Committee the respondent no.2 Aurangabad Division Aurangabad dated 13/03/2009. The petitioner has also prayed for issuance of writ of mandamus for direction to respondent no.2 Scrutiny Committee to initiate fresh denovo inquiry to ascertain the correctness of the decision of the Scrutiny Committee, Pune dated 13/05/2000 thereby granting validity certificate confirming the social status of the respondent no.4 as belongs to "Tadvi Bhill" Scheduled Tribe.

(3.) The facts which gave rise to file the present writ petition can be summarized as follows : The petitioner claimed that he is a social worker and voter enrolled with 5th respondent Municipal Corporation, Aurangabad. It appears according to the petitioner that the present petition is filed to check the growing tendency of certain unsurplus personalities from non reserved category to grab the posts and benefits which are specifically reserved for various backward class category persons, which is a social evil and a fraud on the concept of constitutional and statutory reservations. The 4th respondent has obtained the caste validity certificate issued by the Scrutiny Committee, Pune on 23/05/ 2000 as he belongs to Tadvi Bhill, Scheduled Tribe. It appears from the perusal of this certificate that the said certificate of validity was granted as one Shri. Rafik Fakira Tadvi (respondent no.5) is in his near relation and the same is confirmed and accordingly the certificate of validity of the caste as Tadvi Bhill, Scheduled Tribe is issued in favour of respondent no.4. It further appears that on inquiry it revealed that the said Rafik Tadvi is unaware that in his name, Ayubkhan, respondent no.4, Aurangabad had filed an affidavit claiming to be the relative of the said Rafik Tadvi and had obtained validity certificate. It is also alleged that on inquiry with the Tahsil Office at Parbhani, the no caste certificate is issued in favour of respondent no.4. Certain other inquiries were made with the office of the Committee at Nashik as well as Aurangabad which reveals that the 4th respondent had submitted an application somewhere in the year 1995 for issuance of caste validity certificate. Alongwith the said proposal, the documents which vere produced, these documents claimed to be the false, forged and fabricated documents including the false affidavit of 5th respondent dated 07/09/1995. One more affidavit is also claimed be filed on 8th August, 1998 which also alleged to be a false affidavit. It is also alleged that certain false record from the Village Panchayat of Satgaon (Dongri), Tq.Pachora, Dist.Jalgaon was produced by the 5th respondent alongwith his proposal for issuance of validity certificate. Thus according to the petitioner, the 4th respondent has obtained the caste validity certificate by committing the fraud and on the basis of false and forged documents placed before the Scrutiny Committee, Pune. In this background, an applicationcumcomplaint was moved by the petitioner before the Member Secretary and Deputy Director of Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division Aurangabad on 09/01/2009. Vide communication dated 13/ 03/2009, it was informed that the Scrutiny Committee has no power without the permission or direction from the Hon'ble High Court to look into the complaint/application filed by the petitioner and hence the application/complaint cannot be entertained and the complaint was rejected as not tenable which communication is impugned in the present writ petition.