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Judgment
(PER: M. W. CHANDWANI , J.):-
Heard.
Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels for the parties.
The petition challenges the order dated 24.01.2020 passed by the Divisional Caste Certificate Scrutiny Committee No. 1, Amravati (for short, “the Committee”) invalidating the caste claim of the petitioner who claims to be belonging to ‘Rajput Bhamta’ (Nomadic Tribe).
The petitioner is working as a Hostel Warden (Women) with respondent no. 4 on a post reserved for Nomadic Tribes. She submitted her caste claim before respondent no. 2- Committee. However, the Committee, after considering the Vigilance report, invalidated the caste claim of the petitioner relying on the report which depicts that the entry made in the document regarding the caste is interpolated. Though, various prayers have been made but the learned counsel for the petitioner vehemently submitted that an incomplete Vigilance Report was supplied to the petitioner. According to him, the adverse document i.e. the document in which the Vigilance Cell alleged interpolation in the entry of caste has not been supplied to the petitioner and therefore, she could not properly represent herself before the Committee while replying to the Vigilance Report.
We have perused the record. It appears that the adverse document has not been supplied to the petitioner along with the Vigilance Report. Therefore, we are of the considered opinion that the matter can be remanded to the Committee for deciding the caste claim of the petitioner afresh. Hence, we proceed to pass the following order:-
The Writ Petition is allowed.
ii) The impugned order dated 24.01.2020 passed by the Committee invalidating the caste claim of the petitioner that she belongs to ‘Rajput Bhamta’ (Nomadic Tribe) is quashed and set aside.
iii) The petitioner shall appear before the Committee on 15.12.2025. The Committee shall supply all the adverse material/ documents to the petitioner on the basis of which the Vigilance Report was prepared.
iv) The petitioner shall file her response to the said adverse material/documents within two weeks thereafter.
Thereafter, the Committee shall pass the appropriate order in accordance with law.