1 wp-4503-2004 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4503 OF 2004 Shri Anandrao Vithoba Kisave ...Petitioner Versus The State of Maharashtra & ors. ...Respondents Petitioner in person. Mr.C.R.Sonawane, AGP for resp.nos.1 to 4. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. Reserved on : November 22, 2011 Pronounced on: December 5, 2011. ORDER (PER B.H.MARLAPALLE,J.) 1. This petition filed under Article 226 of the Constitution questions the legality of the order passed by the respondent no.2 – Committee which was communicated to the petitioner on 11/4/2002 thereby invalidating the petitioner’s caste claim of “Dhangad Scheduled Tribe”. 2 wp-4503-2004 2. Rule. Respondents waive service. By consent Rule is heard finally. 3. The petitioner was issued a caste certificate dated 21/5/1998 by the Deputy Collector and Special Land Acquisition Officer, Karmala, Dist. Solapur stating that the petitioner belongs to “Dhangad Scheduled Tribe” and the said claim was referred to the Respondent no.2 – Committee by the Medical Officer, Primary Health Centre, Narayangaon, Tal. Junnar, Dist. Pune under whom he was selected for an appointment against a post reserved for Scheduled Tribes. The petitioner submitted the following documents before the Committee: (1) Photostat copy of the school leaving certificate issued by Head Master, Z.P.School, Vihal, Tal. Karmala wherein caste is mentioned as Hindu Dhangad. This document pertains to period 1973. (2) Photostat copy of the caste certificate of the petitioner issued by the Deputy Collector and Special Land Acquisition Officer No.IV, Solapur vide No.MAG/SR/11/1998, wherein caste is mentioned as Hindu Dhangad S.T.No.36. 3 wp-4503-2004 (3) An extract of school admission register of the petitioner issued by Head Master, Z.P. Primary School Vihal, Taluka Karmala wherein caste is mentioned as Hindu Dhangad. (4) Birth extract of the petitioner’s father Vitthal Namdo Kisve issued by Resident Naib Tahsildar, Karmala wherein caste is mentioned as Dhangad. This document pertains to 1967. (5) Birth extract of petitioner’s relative Shankar Vithoba Kisve issued by Birth & Death Registrar, Taluka Karmala, Dist. Solapur wherein caste is mentioned as Dhangad. This document pertains to period 1936. (6) Photostat copy of domicile certificate of the petitioner issued by the Kamgar Police Patil Mauje Vihal Taluka Karmala wherein caste is mentioned as Hindu Dhangad. (7) Photostat copy of domicile certificate of petitioner’s father issued by Head Master, Z.P. Primary School, Vihal, Tal. Karmala, Dist. Solapur wherein caste is not mentioned. (8) Photostat copy of the domicile and caste certificate of the candidate issued by Gaon Kamgar Talathi Mauje Vihal wherein caste is Dhangad. (9) Photostat copy of the caste and domicile certificate of 4 wp-4503-2004 candidate’s father Shri Vithoba Namdeo Kisve issued by Gramsevak, Grampanchayat Vihal, Taluka Karmala wherein caste is mentioned as Hindu Dhangad. (10) Photostat copy of the caste certificate of the petitioner issued by village Development Officer, Gramsevak Vihal, Taluka Karmala wherein caste is mentioned as Hindu Dhangad. (11) Photostat copy of the domicile and caste certificate of petitioner’s father Vithoba Namdeo Kisve issued by Sarpanch Grampanchayat Vihal, Tal. Karmala wherein caste is mentioned as Hindu Dhangad. The certificate was issued on 15/6/1998. 12) Photostat copy of birth and death extract of petitioner’s grandfather (father’s father) Namdeo Sakharam Kisve’s son issued by Naib Tahsildar wherein caste is mentioned as Dhangad. This document pertains to period 1914. 4. In the process of the scrutiny of the petitioner’s caste claim the vigilance enquiry was conducted and the Police Inspector of the Vigilance Cell submitted his report on 2/1/2002 to the Committee along with the documents obtained during the course of enquiry which included affidavits of Sarpanch, Police Patil, Gram Sevak and Head 5 wp-4503-2004 Master of the school where the petitioner had studied. The petitioner was supplied a copy of the Vigilance Cell report and as per Section 8 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short “the Caste Certificate Act”) he did not examine any witnesses to discard the vigilance / home enquiry report. He did not examine any other witnesses in support of his claim. He was issued with a show cause notice after he was supplied with the Vigilance Enquiry report and for final hearing on 15/2/2002. He appeared before the Committee and submitted his oral explanation. 5. During the vigilance enquiry it was revealed that the petitioner has step brothers and other blood relations who had studied in the primary school, Zilla Parishad, Vihal. His step brother Namdeo Vithoba Kisve, who was a student of Zilla Parishad Primary School, Vihal and in the school admission register his caste was recorded as “Dhangar”. Shri Dnyanoba Dhondiba Kare, Head Master of Zilla Parishad Primary School at Vihal stated in his statement during the course of vigilance enquiry that he retired on 28/12/1999 and the petitioner was a student of 6 wp-4503-2004 the said school. He further stated that in Book No.2 (General Register) the petitioner’s name was at sr.no.284 and his caste was originally recorded as “Dhangar”. He further admitted that the same was corrected by overwriting as “Dhangad” by him and he signed beneath it. The interpolation was done by him on 11/12/1992. Shri Suryakant Patil was the Police Patil of village Vihal and he himself belongs to the caste “Dhangar”. He filed an affidavit before the Vigilance Enquiry officer and stated that the petitioner belongs to the caste “Dhangar”. Similarly an affidavit has been filed by Shri Dayanand Dattu Markad, Sarpanch of the said village who also comes from the “Dhangar” community. Even the step brother of the petitioner Shri Shankar Vithoba Kisave also filed an affidavit on 26/12/2001 before the Vigilace Officer and stated that he belongs to caste “Dhangar”. The petitioner could have applied to issue witness summons to all these affiants so as to establish that the affidavits were unreliable. He did not do so depsite the fact that under Section 8 of the Caste Certificate Act, the burden of proving his caste was solely on the petitioner. It is thus clear that the petitioner got his caste changed from”Dhangar” to “Dhangad” on 11/12/1992 pursuant to the order passed by the Block Education Officer on 28/10/1992. It is also noted during the vigilance cell enquiry that not a single family belonging to 7 wp-4503-2004 “Dhangad” scheduled tribe is residing in village Vihal. School admission extract which was issued by the Head Master of Shri Chatrapati Shivaji Vidyalaya, Vit, Tal. Karmala, Dist. Solapur went to show that the petitioner’s caste was recorded as “Dhangar” when he was admitted in the said school in the year 1978. During the course of hearing of this petition the petitioner placed before us photostat copy as well as original copies of some additional documents. We have perused the same and it is crystal clear that in the extract of Birth Death Register there is an interpolation of “Dhangar” to “Dhanga”. Similarly in some or the other documents of the village register the caste “Dhangar” has been corrected by overwriting as “Dhangad”. The school leaving certificate issued on 1/1/1998 purportedly by the Head Master of Zilla Parishad Primary School, Vihal shows the entry of his caste as “Dhangad” but in view of the affidavit filed by the Head Master of the very same school and the extract from the admission register it is clear that the said caste was changed in 1992 from “Dhangar” to “Dhangad”. We are, therefore, of the considered view that the committee has applied its mind to all the documents submitted by the petitioner, the report of vigilance cell enquiry along with the supporting affidavits. The petitioner did not take any steps to discard the said affidavits. The caste 8 wp-4503-2004 “Dhangar” in the State of Maharashtra is not recognised as a Scheduled Tribe and the petitioner, therefore, fraudulently tried to convert his caste to “Dhangad Scheduled Tribe” and seek the benefits available for the Scheduled Tribes. The impugned order passed by the Scrutiny Committee does not suffer from any infirmities and, therefore, it deserves to be confirmed. 6. Hence the petition is dismissed and the order passed by the Scrutiny Committee and communicated to the petitioner on 11/4/2002 holding that the petitioner does not belong to “Dhangad” Scheduled Tribe and that in fact he belongs to the caste “Dhangar” is hereby confirmed. 7. Rule discharged but without any order as to costs. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)