Bombay High Court
Shoaib Raza Quiser Ali Bismilla ... vs State Of Maha., Thr. Sect., Dept. ... on 6 December, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.6722 OF 2015
Shoaib Raza Quiser Ali Bismilla Shaha,
Aged about 21 years, Occ. Student,
r/o. Karajgaon (Badipura),
Chandurbazar, Distt. Amravati. .......... PETITIONER
// VERSUS //
1. State of Maharashtra,
Through the Secretary,
Department of Social Welfare,
Cultural Affairs, Sports and
Tourism, Mantralaya,
Mumbai.
2. The Divisional Caste Scrutiny
Committee No.2 for Scheduled
Caste, VJ, NT and OBC,
Administrative Building,
2nd Floor, Amravati.
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3. Principal,
V.Y.W.S's Prof. Ram Meghe
Institute Technology and
Research Anjangaon Bari
Road, Badnera, Amravati,
Through its Principal.
4. Sant Gadge Baba Amravati
University, Amravati, through
its Registrar, Amravati, Tq.
and Distt. Amravati. .......... RESPONDENTS
____________________________________________________________
Mr.V.R.Chaudhari, Advocate for the Petitioner.
Mr.M.K.Pathan, A.G.P. for Respondent Nos. 1 & 2.
Mr.R.D.Bhuibhar, Advocate for Respondent No.3.
Mr.J.B.Kasat, Advocate for Respondent No.4.
____________________________________________________________
CORAM : B.R. GAVAI
AND
V. M. DESHPANDE, JJ.
DATE : 6.12.2016.
ORAL JUDGMENT (Per V.M.Deshpande, J) :
1. Rule. Rule is made returnable forthwith. Heard
finally by the consent of parties.
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2. By the present petition, the petitioner raises
challenge to the order passed by respondent no.2/Caste
Scrutiny Committee, dt.6.10.2015, by which respondent
no.2 disallowed the claim putforth by the petitioner that he
belongs to 'Chapparband' caste, which is recognized as
Vimukta Jati.
3. The petitioner is required to approach this Court
by this petition on the third occasion. His earlier petition
was for getting his caste claim decided at the earliest,
which relief was granted.
4. Thereafter, the claim of the petitioner was
negatived by the Caste Scrutiny Committee which was
challenged before this Court vide Writ Petition No.4994 of
2013 and this Court, on 18.12.2014, allowed the petition
and remanded the matter back to the Caste Scrutiny
Committee for fresh disposal in accordance with law.
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5. After the matter was remanded to the Caste
Scrutiny Committee, the petitioner again filed genealogical
tree which is available on record at page no.17.
6. Mr.M.K.Pathan, learned Additional Government
Pleader, on the basis of record, did not dispute the said
aspect.
7.
Learned Counsel for the petitioner submits that
his cousins namely Jahangir Khan, Sajid Ahmedshah and
Javed Iqbal got Validity Certificate from the Caste Scrutiny
Committee. They are descendants of Gani Shah, who is real
brother of Dullu Shah, who is great grandfather of the
present petitioner. The learned Counsel for the petitioner,
therefore, submitted that, in view of law laid down by this
Court in the case of Apoorva d/o. Vinay Nichale .vs.
Divisional Caste Certificate Scrutiny Committee No.1 and
Others reported in 2010 (6) Mh.L.J. 401, the petitioner is
entitled for grant of Validity Certificate.
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8. Since the learned Additional Government
Pleader has made the record available and on the basis of
record, it can be seen that Jahangir Khan, Sajid
Ahmedshah and Javed Iqbal are relatives of the petitioner
by blood and their caste claims are already validated by
the Caste Scrutiny Committee after following due process
of law, therefore, in our view, the law laid down by this
Court in Apoorva d/o. Vinay Nichale (cited supra) is
applicable in case of the present petitioner and present
petition needs to be allowed.
9. The impugned order passed by respondent
no.2/Divisional Caste Scrutiny Committee, Amravati
dt.6.10.2015 is hereby quashed and set aside. It is hereby
declared that the petitioner belongs to caste
'Chapparband', which is recognized as Vimukta Jati.
Respondent no.2/Committee is hereby directed
to issue Validity Certificate in favour of the petitioner
within a period of four weeks from today.
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There shall be no order as to costs.
JUDGE JUDGE
[jaiswal]
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