Kum. Sangita v. The State of Maharashtra

Shri V. U. Jadhav, Advocate for the Petitioner. Shri Umakant K. Patil, A. G. P. for Respondents No. 1, 3 to 6. 2 Shri M. S. Deshmukh, Advocate for the Respondent No. 2. CORAM : NARESH H. PATIL & N. D. DESHPANDE, JJ. DATE : 13TH JULY, 2009. ORAL ORDER [PER NARESH H. PATIL, J.] :

Heard.

The petitioner claimed to be belonging to Mahadev Koli Scheduled Tribe. She applied for caste validity certificate.

Learned counsel appearing for the petitioner submits that petitioner's certificate issued by the Village Officer showing birth register extract of petitioner's father, showing petitioners cast as Hindu Mahadev Koli is having probative value. Reliance was placed on petitioners school register of first standard issued in the year 2001 also referring petitioner's caste as Hindu Mahadev Koli. Petitioner's second cousin brother and second cousin uncle got validity certificate. The committee failed to elaborate on the relationship of the relatives of the petitioner, who were Hindu Kolis, according to the Vigilance Cell report. Counsel submitted that Committee ought to have held that these relatives are closely related to the petitioner as described by the 3 Vigilance Cell report.

Learned counsel for respondent No. 2 Shri Deshmukh submitted that petitioner has patently failed to establish his caste claim. The petitioner is claiming benefit under Constitutional reservation and high degree of fairness and evidence having probative value is required to be furnished before the Committee. Reliance was placed on the provisions of Maharashtra Scheduled Castes, Scheduled Tribes, DNT (VJ), NT, OBC Classes and SBC (Regulation of Issuance and Verification of) Casts Certificate Act, which casts burden on the petitioner to establish her claim. Learned counsel Shri Deshmukh submitted that Vigilance Cell Report clearly establishes that the birth extract certificate of father, was obtained by the petitioner on his say. There is no base for the authorities to issue such birth certificate mentioning petitioners caste as Hindu Mahadev Koli. Therefore, these documents are required to be totally ignored. What remains now is petitioners school entry, which must be obviously maintained on the say of the petitioner's elders like father.

We have perused these documents on record. The Vigilance Cell report clearly mentions that on inquiry with the Sarpanch, it was told that on the say of the petitioner, he had issued a certificate showing petitioners father to be Hindu Mahadev Koli. The register maintained with the village Officer have column of religion and not the caste 4 column. The Vigilance Cell Officer visited the village of the petitioner, school to trace out names of the relatives of the petitioner and their date of entry in the school which are noted from 1963 to 1980 and onwards. The Vigilance Cell Officer found that their caste was recorded as Hindu Koli.

We find that petitioner failed to establish her case. The Committee minutely considered all these issues and the material collected by the Vigilance Cell Officer. The effort of petitioner to shift burden on the Committee is irrelevant and the burden is in fact on the petitioner. The Committee certainly has to look in to the documents, assess its probative value and pass brief reasoned order, verifying petitioners caste claim. In the matters of Constitutional reservation abundant care and caution is required to be taken that undeserving person should not get benefit of reservation, depriving rightful claim of others.

The petitioner on 18th December, 2006, was granted interim relief directing respondents not to take adverse action. According to counsel the petitioner is studying in medical course. We vacate the order passed by this Court on 18th December, 2006. The petitioner is not entitled to continue her studies. The consequences under the provisions of Maharashtra Scheduled Castes, Scheduled Tribes, DNT (VJ), NT, OBC Classes and SBC (Regulation of Issuance and Verification of) Casts Certificate Act in the validity of caste certificate shall be operative.

Authenticated copy of this order be given to the A. G. P. The A. G. P. shall forward the same to the Director of Medical Education. Rule discharged. In case petitioner has completed her medical course, we direct the State and other authorities to cancel the degree in case conferred to the petitioner. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/July 09