Full Judgment Text
-: 1 :-
2006:BHC-AS:7074-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2284 OF 2002
Shripad Ganpat Ughade, aged 17 )
years, Occ: student, through his)
father and natural guardian )
Shri Ganpat Gundiba Ughade, )
aged 47 years, Occ:Agriculture, )
residing at Tandulwadi, Taluka )
Malshiras, District Solapur. ).. Petitioner.
Versus
1) State of Maharashtra.. )
2) Regional Caste Certificate )
Scrutiny Committee through )
its President having its )
office at 171-A, Ganeshpeth )
Sugandha Chambers, Pangalali )
Pune - 411 002. )
3) Government College of )
Engineering, Karad, District )
Satara through its Principal )
4) Shivaji University, Kolhapur,)
Through the Registrar, )
Kolhapur. ... ... )... Respondents.
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 2 :-
Mr. P. G. Chavan with Mr. S.Patwardhan
for the Petitioner.
Mr. S. R. Nargolkar, AGP for Respondent Nos.1 to 3.
Mr. R. S. Pethe with Mr. R. G. Ketkar
for Respondent No.4.
ALONG WITH
WRIT PETITION NO. 581 OF 2003
Shri Ganpat Gundiba Ughade, )
Occ:Agriculture, )
residing at Tandulwadi, Taluka )
Malshiras, District Solapur. ).. Petitioner.
Versus
1) State of Maharashtra.. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
2) The Regional Caste )
Certificate Committee, Pune )
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 3 :-
Region, Pune.
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
3) Shri Vasant Sukhdeo Chavan, )
Residing at: Tandulwadi, )
Tal. : Malshiras, )
District : Solapur. ).... Respondents.
Mr. A. A. Joshi for the Petitioner.
Mr. S. R. Nargolkar, AGP for Respondent Nos.1 to 2.
Mr. V. Kiledar for Respondent No.3.
-: ALONG WITH :-
WRIT PETITION NO. 3982 OF 2003
Shri Ganpat Gundiba Ughade, )
residing at Tandulwadi, Taluka )
Malshiras, District Solapur. ).. Petitioner.
Versus
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 4 :-
1) State of Maharashtra.. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
2) The Addl. Commissioner, )
Pune Division, Pune. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
3) The Addl. Collector, )
Solapur, Dist. Solapur. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
3) Shri Vasant Sukhdeo Chavan, )
Residing at: Tandulwadi, )
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 5 :-
Tal. : Malshiras, )
District : Solapur. ).... Respondents.
Mr. A. A. Joshi for the Petitioner.
Mr. S. R. Nargolkar, AGP for Respondent Nos.1 to 2.
Mr. V. Kiledar for Respondent No.3.
CORAM : V.G. PALSHIKAR, and CORAM : V.G. PALSHIKAR, and CORAM : V.G. PALSHIKAR, and
V.R.KINGAONKAR, JJ. V.R.KINGAONKAR, JJ. V.R.KINGAONKAR, JJ.
DATED : 4TH APRIL, 2006. DATED : 4TH APRIL, 2006. DATED : 4TH APRIL, 2006.
JUDGMENT (Per : V.R.KINGAONKAR, J.): JUDGMENT (Per : V.R.KINGAONKAR, J.): JUDGMENT (Per : V.R.KINGAONKAR, J.):
By this common judgment, we shall dispose of
these three writ petitions which involve identical
question of facts and law.
2. The Petitioners - Shripad and Ganpat are son and
father respectively, and claimed to be members of
Other Backward Class category being "Kulwant Wani".
3. The Petitioner - Ganpat contested election of
Village Panchayat, Tandulwadi from reserved category
on the basis of the caste certificate issued to him
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 6 :-
showing that he belongs to sub-caste "Kulwant Wani"
which is included in the category of Other Backward
Class. He was elected as a Sarpanch. His caste
certificate was subjected to scrutiny by the Caste
Scrutiny Committee, Pune. By the impugned order dated
23rd December, 2002 the Caste Scrutiny Committee
invalidated the caste certificate of the Petitioner -
Ganpat and held that he belongs to only "Wani" caste
and not to sub-caste "Kulwant Wani". He is,
therefore, not a member of Other Backward Class. He
seeks to assail said impugned decision through his
writ petition (Writ Petition No. 581 of 2003).
Similar prayer is made by his son - Shripad in Writ
Petition No. 2284 of 2002.
4. The election as Sarpanch was challenged and has
been set aside by the learned Additional Collector,
Solapur in GP Dispute Application No. 34 of 2001
which is confirmed by the learned Additional
Commissioner, Pune Division, Pune in Appeal No.
A/GT/Solapur/02. He, therefore, impugns both the said
orders in Writ Petition No. 3982 of 2003.
5. The question for determination is whether the
impugned order of the Caste Scrutiny Committee is
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 7 :-
improper, incorrect and illegal and as such liable to
be set aside.
6. We have heard learned Counsel for the parties. We
have gone through the impugned orders and documents
produced by the Petitioners. The School Leaving
Certificate of both the Petitioners and the other
family members have been considered by the Caste
Scrutiny Committee. It appears from show cause notice
dated 18th October, 2001 issued by the Member
Secretary of the Caste Scrutiny Committee, Pune
Division, Pune, to the Petitioner - Ganpat that
details of relevant documents were provided to him.
The School Leaving Certificate of the Petitioner -
Ganpat revealed entry of his caste as "Wani" but
subsequently it was added at the bottom that the caste
is "Ku. Wani". The School Leaving Certificate of his
son - Shripad, Daughter - Bhagyashree, Sisters -
Shaland, Sushila and Draupadi go to show that their
caste is shown as "Wani". In fact the Petitioner -
Ganpat only relied upon an agreement pertaining to
year 1949. The agreement is a private document and
have not seen light of the day till it was produced
before the Caste Scrutiny Committee. Therefore, the
Committee has rightly discarded such a private
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 8 :-
document which could not be regarded as sufficient
proof. The said agreement of 1949 revealed that
sub-caste of Petitioner - Ganpat is "Kulwakkal". He
contended that the word "Kulwakkal" is a kannadi word
and meaning thereof in marathi script is ’Kulwant
Wani". This contention is incorrect and even the
Language Directorate, Pune informed that meaning of
the word "Kulwakkal" in marathi is "Shetkari
(Khandani)" and true translation thereof is quite
different from what the Petitioner tried to canvass
before the Committee. The true meaning appears to "an
agriculturist by family profession". Though he tried
to show that his sub-caste is "Kulwakkal" yet in his
reply letter dated 30th October, 2001 (Annex.A-2) he
submitted that meaning of word "Kulwakkal" is
"Kulwant" in marathi script. No such translation is
supported by the authentic Kannad - Marathi
dictionary.
7. As stated earlier, the School Leaving Certificate
of both the Petitioners revealed entry of their caste
as "Wani". The School Leaving Certificate of the
daughters of the Petitioner - Ganpat go to show that
their caste is "Hindu Wani". The Petitioners did not
explain what are traits of the sub-caste "Kulwant
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 9 :-
Wani" and in what manner he and his family members
were following such special traits. There is no
tangible and reliable evidence to uphold his caste
claim. The Petitioner did not furnish adequate and
reliable evidence in support of the caste claim.
Consequently, we are of the opinion that the findings
of the Caste Scrutiny Committee are legal, proper and
correct. There is no substance in all these petitions
and as such they are liable to be dismissed.
8. In the result, all the petitions are hereby
dismissed. Rule discharged in all the petitions.
There shall be no order as to costs.
Sd/-
(V.G.PALSHIKAR, J.) (V.G.PALSHIKAR, J.) (V.G.PALSHIKAR, J.)
Sd/-
(V.R.KINGAONKAR, J.) (V.R.KINGAONKAR, J.) (V.R.KINGAONKAR, J.)
::: Downloaded on - 01/04/2024 15:48:28 :::
2006:BHC-AS:7074-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2284 OF 2002
Shripad Ganpat Ughade, aged 17 )
years, Occ: student, through his)
father and natural guardian )
Shri Ganpat Gundiba Ughade, )
aged 47 years, Occ:Agriculture, )
residing at Tandulwadi, Taluka )
Malshiras, District Solapur. ).. Petitioner.
Versus
1) State of Maharashtra.. )
2) Regional Caste Certificate )
Scrutiny Committee through )
its President having its )
office at 171-A, Ganeshpeth )
Sugandha Chambers, Pangalali )
Pune - 411 002. )
3) Government College of )
Engineering, Karad, District )
Satara through its Principal )
4) Shivaji University, Kolhapur,)
Through the Registrar, )
Kolhapur. ... ... )... Respondents.
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 2 :-
Mr. P. G. Chavan with Mr. S.Patwardhan
for the Petitioner.
Mr. S. R. Nargolkar, AGP for Respondent Nos.1 to 3.
Mr. R. S. Pethe with Mr. R. G. Ketkar
for Respondent No.4.
ALONG WITH
WRIT PETITION NO. 581 OF 2003
Shri Ganpat Gundiba Ughade, )
Occ:Agriculture, )
residing at Tandulwadi, Taluka )
Malshiras, District Solapur. ).. Petitioner.
Versus
1) State of Maharashtra.. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
2) The Regional Caste )
Certificate Committee, Pune )
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 3 :-
Region, Pune.
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
3) Shri Vasant Sukhdeo Chavan, )
Residing at: Tandulwadi, )
Tal. : Malshiras, )
District : Solapur. ).... Respondents.
Mr. A. A. Joshi for the Petitioner.
Mr. S. R. Nargolkar, AGP for Respondent Nos.1 to 2.
Mr. V. Kiledar for Respondent No.3.
-: ALONG WITH :-
WRIT PETITION NO. 3982 OF 2003
Shri Ganpat Gundiba Ughade, )
residing at Tandulwadi, Taluka )
Malshiras, District Solapur. ).. Petitioner.
Versus
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 4 :-
1) State of Maharashtra.. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
2) The Addl. Commissioner, )
Pune Division, Pune. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
3) The Addl. Collector, )
Solapur, Dist. Solapur. )
(Summons to be served on the )
learned Additional Government)
Pleader appearing for the )
State of Maharashtra under )
Order XXVII, Rule 4 of the )
Code of Civil Procedure,1908))
3) Shri Vasant Sukhdeo Chavan, )
Residing at: Tandulwadi, )
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 5 :-
Tal. : Malshiras, )
District : Solapur. ).... Respondents.
Mr. A. A. Joshi for the Petitioner.
Mr. S. R. Nargolkar, AGP for Respondent Nos.1 to 2.
Mr. V. Kiledar for Respondent No.3.
CORAM : V.G. PALSHIKAR, and CORAM : V.G. PALSHIKAR, and CORAM : V.G. PALSHIKAR, and
V.R.KINGAONKAR, JJ. V.R.KINGAONKAR, JJ. V.R.KINGAONKAR, JJ.
DATED : 4TH APRIL, 2006. DATED : 4TH APRIL, 2006. DATED : 4TH APRIL, 2006.
JUDGMENT (Per : V.R.KINGAONKAR, J.): JUDGMENT (Per : V.R.KINGAONKAR, J.): JUDGMENT (Per : V.R.KINGAONKAR, J.):
By this common judgment, we shall dispose of
these three writ petitions which involve identical
question of facts and law.
2. The Petitioners - Shripad and Ganpat are son and
father respectively, and claimed to be members of
Other Backward Class category being "Kulwant Wani".
3. The Petitioner - Ganpat contested election of
Village Panchayat, Tandulwadi from reserved category
on the basis of the caste certificate issued to him
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 6 :-
showing that he belongs to sub-caste "Kulwant Wani"
which is included in the category of Other Backward
Class. He was elected as a Sarpanch. His caste
certificate was subjected to scrutiny by the Caste
Scrutiny Committee, Pune. By the impugned order dated
23rd December, 2002 the Caste Scrutiny Committee
invalidated the caste certificate of the Petitioner -
Ganpat and held that he belongs to only "Wani" caste
and not to sub-caste "Kulwant Wani". He is,
therefore, not a member of Other Backward Class. He
seeks to assail said impugned decision through his
writ petition (Writ Petition No. 581 of 2003).
Similar prayer is made by his son - Shripad in Writ
Petition No. 2284 of 2002.
4. The election as Sarpanch was challenged and has
been set aside by the learned Additional Collector,
Solapur in GP Dispute Application No. 34 of 2001
which is confirmed by the learned Additional
Commissioner, Pune Division, Pune in Appeal No.
A/GT/Solapur/02. He, therefore, impugns both the said
orders in Writ Petition No. 3982 of 2003.
5. The question for determination is whether the
impugned order of the Caste Scrutiny Committee is
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 7 :-
improper, incorrect and illegal and as such liable to
be set aside.
6. We have heard learned Counsel for the parties. We
have gone through the impugned orders and documents
produced by the Petitioners. The School Leaving
Certificate of both the Petitioners and the other
family members have been considered by the Caste
Scrutiny Committee. It appears from show cause notice
dated 18th October, 2001 issued by the Member
Secretary of the Caste Scrutiny Committee, Pune
Division, Pune, to the Petitioner - Ganpat that
details of relevant documents were provided to him.
The School Leaving Certificate of the Petitioner -
Ganpat revealed entry of his caste as "Wani" but
subsequently it was added at the bottom that the caste
is "Ku. Wani". The School Leaving Certificate of his
son - Shripad, Daughter - Bhagyashree, Sisters -
Shaland, Sushila and Draupadi go to show that their
caste is shown as "Wani". In fact the Petitioner -
Ganpat only relied upon an agreement pertaining to
year 1949. The agreement is a private document and
have not seen light of the day till it was produced
before the Caste Scrutiny Committee. Therefore, the
Committee has rightly discarded such a private
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 8 :-
document which could not be regarded as sufficient
proof. The said agreement of 1949 revealed that
sub-caste of Petitioner - Ganpat is "Kulwakkal". He
contended that the word "Kulwakkal" is a kannadi word
and meaning thereof in marathi script is ’Kulwant
Wani". This contention is incorrect and even the
Language Directorate, Pune informed that meaning of
the word "Kulwakkal" in marathi is "Shetkari
(Khandani)" and true translation thereof is quite
different from what the Petitioner tried to canvass
before the Committee. The true meaning appears to "an
agriculturist by family profession". Though he tried
to show that his sub-caste is "Kulwakkal" yet in his
reply letter dated 30th October, 2001 (Annex.A-2) he
submitted that meaning of word "Kulwakkal" is
"Kulwant" in marathi script. No such translation is
supported by the authentic Kannad - Marathi
dictionary.
7. As stated earlier, the School Leaving Certificate
of both the Petitioners revealed entry of their caste
as "Wani". The School Leaving Certificate of the
daughters of the Petitioner - Ganpat go to show that
their caste is "Hindu Wani". The Petitioners did not
explain what are traits of the sub-caste "Kulwant
::: Downloaded on - 01/04/2024 15:48:28 :::
-: 9 :-
Wani" and in what manner he and his family members
were following such special traits. There is no
tangible and reliable evidence to uphold his caste
claim. The Petitioner did not furnish adequate and
reliable evidence in support of the caste claim.
Consequently, we are of the opinion that the findings
of the Caste Scrutiny Committee are legal, proper and
correct. There is no substance in all these petitions
and as such they are liable to be dismissed.
8. In the result, all the petitions are hereby
dismissed. Rule discharged in all the petitions.
There shall be no order as to costs.
Sd/-
(V.G.PALSHIKAR, J.) (V.G.PALSHIKAR, J.) (V.G.PALSHIKAR, J.)
Sd/-
(V.R.KINGAONKAR, J.) (V.R.KINGAONKAR, J.) (V.R.KINGAONKAR, J.)
::: Downloaded on - 01/04/2024 15:48:28 :::