Suyash Hemant More vs State Of Maharashtra And Ors
2022 Latest Caselaw 7943 Bom

                                                                     104.5970.21-wp.docx


         Digitally
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by
         BASAVRAJ
                                        CIVIL APPELLATE JURISDICTION
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL    Date:                         WRIT PETITION NO. 5970 OF 2021
         2022.08.19
         10:55:27
         +0530
                      Suyash Hemant More                               ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.                      ..... Respondents


                      Mr. R. K. Mendadkar for the Petitioner
                      Mrs. P. N. Diwan, AGP for the State
                      Mr. Anuj Gaikar, Law Officer, CVC, Thane - present


                                              CORAM:      S.V.GANGAPURWALA &
                                                          MADHAV J. JAMDAR, JJ.

                                              DATED :     AUGUST 17, 2022

                      P.C.

                      1      Rule.

                             Rule is made returnable forthwith.

By consent of the parties, taken up for final disposal.

2 The proposal was submitted for verification of the caste claim

of the Petitioner as belonging to Koli Mahadev Scheduled Tribe. The

certificate issued to the Petitioner has been cancelled keeping the

merits open on the ground that the certificate is not issued by the

Competent Authority.

3 The learned AGP placed reliance on the judgment of Full Bench

in the case of Rajendra Shivaram Vs. State of Maharashtra in

Basavraj 1/3 104.5970.21-wp.docx

2019 (4) BCC 847 to contend that the caste certificate issued by

the Authority, not possessing jurisdiction, is invalid.

4 It is pointed out that the grandfather of the Petitioner is issued

with the caste certificate by the Taluka Magistrate, Chalisgaon.

Thereafter, the father of the Petitioner migrated to Ulhasnagar. He

was issued with the caste certificate by the Executive Magistrate,

Ulhasnagar on 5th February 1991. As such, the Petitioner is entitled

for the caste certificate to be issued by the Executive Magistrate,

Ulhasnagar. Reliance can be placed on Rule 5(2) of the Maharashtra

Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic

Tribes, Other Backward Classes and Special Backward Category

(Regulation of Issuance and Verification of) Caste Certificate Rules,

2012. In view of the said Rule, if the grandfather of the Petitioner is

granted with the caste certificate by the Authority where he was

originally residing at the time of presidential Notification and

subsequently migrated, then the Competent Authority, where the

person is presently migrated, can issue caste certificate. Though

Rule 5(2) has been referred to by the Authority, the same has not

been applied properly.

5 The impugned order is quashed and set aside.

6     The Committee shall verify the caste certificate of the


Basavraj                                                            2/3
                                              104.5970.21-wp.docx

Petitioner on the basis of the certificate submitted by the Petitioner,

on its own merits and in accordance with law.

7 The Petitioner shall appear before the Committee on 27 th

August 2022.

8 Considering the fact that the Petitioner is a student, the

Committee shall endeavour to decide the proceedings expeditiously

and if possible within four months from the date the Petitioner

appears.

9 The result of the Petitioner shall not be withheld only on the

ground that the Petitioner has not submitted the validity certificate.

Of course, the degree certificate shall not be issued to the Petitioner

unless the Petitioner produces the validity certificate.

10    Rule is accordingly made absolute.


11    The Writ Petition is disposed of. No costs.




( MADHAV J. JAMDAR ,J.)                  (S.V. GANGAPURWALA, J.)




Basavraj                                                           3/3