Vinay Joshi JUDGMENT
Vinay Joshi, J.
1. Rule made returnable forthwith. Heard finally by consent of learned Counsel for the parties.
2. The petitioner claims to be belonging to "Mahar" caste, which is included in Scheduled Caste Category. The petitioner has been appointed as Staff Nurse vide order dated 10.04.1995, at Medical College, Ambejogai, District Beed, by following due procedure. Then the petitioner started working on the same post at Indira Gandhi Medical College, Nagpur. Petitioners' caste certificate issued by Executive Magistrate, dated 23.10.1990, relating to "Mahar" Caste was referred to the Scrutiny Committee for scrutiny and verification. The Scrutiny Committee after obtaining Vigilance Cell report, observed that the petitioner is keeping faith and following traits, and customs of Christian community. Accordingly Committee has invalidated petitioners' caste claim vide impugned order dated 13.11.2014.
3. The Scrutiny Committee turned down the claim of the petitioner mainly on the ground that she failed to produce documents of pre-constitutional era, as well as the school leaving certificate of petitioner bears her religion as "Christian". During Vigilance inquiry, it was found that the petitioner believes in Christian faith and attends church. The petitioner has married with Christian fellow, and by considering the adverse evidence in the form of school leaving certificate and vigilance cell report, the Committee invalidated caste claim of petitioner.
4. The learned Counsel for petitioner submitted that, the petitioner belongs to "Mahar" caste, which is a Scheduled Caste. She was born in the family which belongs to Mahar caste. Extract of kotwal book entry shows that a son had born on 15.02.1943 to the petitioners' grandfather namely Nago, whose case is shown as Mahar. Petitioner would submit that her mother being maid servant in Christian family, she entered petitioners caste as Christian in the school record under influence of Christian family. Petitioner, though married with a Christian, she never converted into Christian by undergoing the ceremony of Baptism. The petitioner some time attends Church for prayers, only to accompany her ailing husband. By virtue of marriage petitioner never looses her original caste Mahar, and therefore, petitioner challenged the impugned decision.
5. The petitioner has produced in all 6 documents before the Scrutiny Committee. Un-disputedly, the petitioner has produced an extract of Kotwal book entry regarding birth of her father on 15.02.1943 in which Mahar Caste is shown of petitioners' grandfather Nago. Neither the Vigilance Cell, nor the Scrutiny Committee denied or suspected the genuineness of said old pre-constitutional entry of "Mahar" caste in the name of petitioners' grandfather. However, the Committee swayed by the vigilance cell report which resulted into ignoring the pre-constitutional document tendered by the petitioner. The vigilance cell report indicates that the petitioners' mother has entered petitioners caste as Christian during her schooling. The Vigilance Cell stated that the petitioner claims to be of Mahar caste and praying Dr. Babasaheb Ambedkar and Gautam Buddha, as well as observes the festivals like Diwali, Dussehra, Holi etc. The vigilance cell has merely recorded statement of one of the neighbour of her matrimonial house, namely Alice, who stated that the petitioner has married with Christian, and offering prayers in the Church. It was also stated by the neighbour that though petitioner is Mahar by caste, however, after marriage she became Christian, as per caste of her husband.
6. During house visit, the vigilance cell found that repairs work was going on due to which photographs of deity were removed, but, found one photograph of Lord Yeshu. On this material, the vi........