2017 (2) ABR 734 ::(2018) 1 Bom CR 718

Bombay High Court

Hon'ble Judge(s): B. P. Dharmadhikari, Swapna Joshi , JJ

(A) Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and special Backward Category (regulation of Issuances and Verification of) Caste Certificates Act (23 of 2001) S. 6 , 8 — Maharashtra Scheduled Castes, Scheduled Tribes (Regulation of Issuance and Verification of), Caste Certificate Rules (2003), Rr 12, 13, 17 — Caste claim — Verification — Procedure — Burden to prove caste claim lies upon claimant — Scrutiny committee not required to disprove his caste — It has only to act as a catalyst to facilitate process of verification of caste claim — It is empowered to award validity in genuine cases without any delay Evidence Act (1 of 1872), S 101

(B) Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and special Backward Category (regulation of Issuances and Verification of) Caste Certificates Act (23 of 2001) S. 6 , 8 — Maharashtra Scheduled Castes, Scheduled Tribes (Regulation of Issuance and Verification of) Caste Certificate Rules (2003), R 17 — Caste claim — Verification — Procedure — Scheme of verification mentioned The Scheme for verification of caste claim is as follows : a) Finding recorded and opinion expressed, if any, by Vigilance Officer are neither binding on Scrutiny Committee nor can be used as evidence, in support of the Claim. (b) Rule 17(6) empowers Scrutiny Committee to forthwith issue Validity without enquiry by vigilance cell, in appropriate matters. (c) Otherwise, it refers claim to vigilance cell under sub-rule (7). Finding recorded by Vigilance Cell is not binding on Scrutiny Committee, as vigilance inquiry is for providing internal assistance to it but Scrutiny Committee must record its reasons for discarding report of Vigilance Cell which is in favour of the claimant. (d) Findings of Scrutiny Committee in Form 25 are only for not accepting vigilance report when it is in favour of claimant. (e) Even if or when said reports are against claimant seeking the validity, reasons for accepting it or additional reasons therefore are required to be communicated. Claima....