1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1361 OF 2011 (Ku. Mukta Bisan Deotare vs. Divisional Caste Certificate Scrutiny Verification Committee & Ors.) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. SEPTEMBER 06, 2011. Heard Mrs. Raskar, learned counsel for the petitioner, Mrs. Taiwade, learned AGP for respondents No. 1 to 4 and Shri Rahurkar, learned counsel for respondent No. 5. The caste claim of the petitioner as belonging to Rajput (Bhamta) has been invalidated by the Scrutiny Committee vide its impugned order dated 28.02.2011. The said order is questioned before us by pointing out that the Scrutiny Committee has not recorded any finding on affinity, statement of both parents (father and mother) has not been recorded to find out whether the affinity is established or not and the petitioner ought to have been given an opportunity to lead evidence. The respective counsel for the respondents are supporting the impugned order. The perusal of Police Vigilance Cell report 2 served upon the petitioner reveals that insofar as School Leaving Certificate dated 16.04.2005 of her father is concerned, during verification, entry at Sr. No. 271 in admission register revealed that below the word “Rajput” appearing in column for recording of caste word “Bhamta” has been added in different ink and in different handwriting. Admission register in relation to entry of petitioner’s uncle Kisan Gopala Deotare also reveals the same position. Admission register of Bayabai, relative of the petitioner reveals that in affidavit register, entry appearing was “Bayabai Gopala Samji Rajput”. The admission register of her brother Shravan reveals that word “Bhamta” was added by different ink in different handwriting against his name. In affidavit, register of her relative Kantabai, her name appeared as Kantabai Gopala Samji, caste Rajput. The admission register of her sister Chandabai reveals that in register for maintaining records of affidavit, name appeared Chandabai father Kantabai Gopala Deotare, caste Rajput and in bracket words “Chhatri” appear. The petitioner was given an opportunity to meet all these findings. The petitioner has not taken any definite stand in relation to all these findings and arguments are that the documents were in the custody of Head Master and, therefore, the petitioner is not aware of any such use of different ink or 3 different handwriting. The burden of establishing her caste was upon the petitioner. The material looked into by the Scrutiny Committee reveals that the word “Bhamta” has been added later on to secure the benefit of caste reservations. As the petitioner has not taken any definite stand, the argument before this Court that the petitioner was not given an opportunity to lead evidence are misconceived. Similarly, in the light of all these materials on record, when the Scrutiny Committee has found that the word “Bhamta” has been added by way of after thought and serious cognizance thereof needs to be taken, insistence on affinity test or recording of statement of both parents is unwarranted. The Scrutiny Committee has considered all the documents placed on record to establish the caste claim and given due opportunity to the petitioner. We do not find any jurisdictional error or perversity. Writ Petition is dismissed. No order as to costs. JUDGE JUDGE *GS.