Arwez Zakir Shaikh vs The State Of Maharashtra And ...
2016 Latest Caselaw 6135 Bom

                                                                                          31.odt
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD
                           31 WRIT PETITION NO. 10221 OF 2016




                                                                                  
                                                 
           Arwez  s/o  Zakir Shaikh                        ..  Petitioner 




                                                          
           Age 18 years, Occu: Student,
           R/o At Post Shahagad, Tq. 
           Ambad, Dist. Jalna,

           VERSUS




                                                         
    1. The State of Maharashtra,
       Through  the Secretary,
       Tribal Development Department,




                                               
       Mantralaya, Mumbai 400 032

                                  
    2. The Scheduled Caste, Vimukta 
       Jati Nomadic Tribes, Other 
       Backward Classes and Special 
                                 
       Backward Classes Caste 
       Certificate Scrutiny Committee 
       No.1, Aurangabad Region, 
       Aurangabad, through its Member 
       Secretary.
      
   



    3. The Sub Divisional Officer,                         ...  Repsondents.
       Jalna.

    Mr.   Amol   Chalak   i/by   Talekar   and   Associates,   Advocate 





    for the petitioner. 
    Mrs. M. A. Deshpande, AGP for respondents 1 to 3

                                        CORAM       :  S. V. GANGAPURWALA & 
                                                        K. L. WADANE, JJ.





                                         DATE       :   18th October,  2016


    JUDGMENT:                             

1. Heard the learned counsel for the parties.

2. Rule. Rule made returnable forthwith. With

consent of parties, the petition is taken up for final

31.odt disposal

3. The petitioner had applied for caste certificate

as belonging to Chhapparband, Vimukta Jati. The

learned Sub Divisional Officer, Jalna rejected the said

application. The petitioner filed an appeal before the

Scrutiny Committee. The Scrutiny Committee dismissed

the appeal. Aggrieved thereby, the present petition.

4. Mr. Chalak, the learned counsel for the

petitioner states that the Committee has rejected the

application seeking caste certificate of the petitioner

as belonging to Chhapparband, Vimukta Jati solely on

the ground that no documents prior to 1961 are produced

on record. The learned counsel submits that the

document of Nikahanama of the grandfather of the

petitioner was produced on record, the same is of the

year 1961. So also, Nikahanama of the father of the

petitioner is also produced on record, it is of the

year 1991 stating the caste Chhapparband. The learned

counsel submits that apart from the aforesaid

documents, there are other documents produced on record

showing caste Chhapparband, such as school record of

the petitioner so also school record of brother of the

petitioner showing caste as Chapparband. School record

31.odt of the petitioner's father and uncle show the caste as

Muslim. According to the learned counsel, there is no

contra evidence on record. Even the Vigilance has

found the said record to be genuine.

5. The learned AGP submits that since the old

documents prior to 1961 are not produced on record and

the other documents are of recent origin, the Committee

and Sub-Divisional Officer have rightly considered the

entire evidence on record and have rightly rejected the

application of the petitioner.

6. While entertaining the application seeking

caste certificate, long-drawn enquiry is not

contemplated. The competent authority has to be prima

facie satisfied with the documents produced on record.

Prima facie, the vigilance has found the Nikahanama of

the grandfather of the petitioner of the year 1961

showing caste as Chhapparband. Even Nikahnama of the

year 1991 in respect of the father of the petitioner

shows the caste as Chhaperband. The school record of

the petitioner and his brother shows caste as

Chhapparband. Entry of Muslim is the entry of religion

and not of caste. Even otherwise, the caste

certificate will have to undergo acid test of scrutiny

31.odt at the time of seeking validity of the said caste

certificate.

7. Considering the aforesaid evidence on record,

there is no impediment to allow the petitioner's

application seeking caste certificate. In the result

we pass following order:

O R D E R

i. Impugned order is quashed and set aside.

ii. Respondent No.3 shall issue caste certificate to

the petitioner as belonging to Chhapparband,

Vimukta Jati, expeditiously, preferably within

two months from today.

iii. Rule is made absolute accordingly. No costs.

(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. )