Namdeo D. Borse vs State of Maharashtra

Anoop V. Mohta, J.—Rule, returnable forthwith: Heard finally. The petitioner has challenged the impugned order dated 3.5.2012 passed by the Scrutiny Committee, Nashik whereby, his caste certificate cancelled/confiscated. After hearing Counsel for the parties, the committee, in our view, failed to consider the effect of the Vigilance Cell report dated 1.6.2011, which unless for specific reason, required to be considered by the committee, whereby a genealogical tree of the applicant''s family described his affinity in support of his blood relation. This in our view is a relevant factor in the present facts and circumstances which are completely overlooked by the Scrutiny Committee specifically revolving around issue No. 2. Finding so given by observing that:

The Scrutiny Committee has perused the said affidavit and revealed that the validity holder has not produced any genealogical tree in his affinity to prove his blood relation with the applicant. Moreover, the Research Officer has also verified the original case record of concerned validity holder and found that no blood relation has been established by the concerned validity holder with the present applicant.

It is settled that the party requires to make his case and the committee needs to adjudicate on the basis of documents placed on record. The committee report, if overlooked which specially revolving around the genealogical tree, the related aspect would definitely affect the merits of the matter. The effect of such decision is that the caste certificate itself now cancelled and confiscated. Therefore, in the interests of justice and in view of above fact we see, a case is made out by the petitioner to remand the matter with regard to issue No. 2. However, it is made clear that, in case if the other related issue also requires to be reconsidered, the petitioner may submit and the Scrutiny Committee may decide the same in accordance with law, at earliest.

In the result, the impugned order dated 3.5.2012 is quashed and set aside for reconsideration in view of above observation. It follows that once the impugned order is set aside the show cause notice issued based upon same is also quashed and set aside. Rule is made absolute accordingly. No costs.