Fatema D/O Iqbal Pathan vs State Of Maha., Thr. Secretary, ...
2022 Latest Caselaw 6628 Bom

WP 571-2022                                    1                        Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.

                   WRIT PETITION NO. 571 OF 2022

Aqsa Fatema d/o Iqbal Pathan,
aged about 20 years, Student,
Resident of Taj Nagar, Galli No.2,
Manewada Road, Near Tukdoji Statue,
Nagpur.
                                                                      PETITIONER
                                .....VERSUS.....
1.   State of Maharashtra,
     through its Secretary,
     Tribal Welfare and Social Justice Department,
     Mantralaya, Mumbai - 400032.

2.   District Caste Certificate Scrutiny Committee,
     Bhandara, through its President/ Chairman.
                                                                 RESPONDENT S

                 Shri N.C. Phadnis, Advocate for the petitioner.
              Shri D.P. Thakare, A.G.P. for the respondents/ State.



CORAM : A. S. CHANDURKAR AND URMILA JOSHI - PHALKE, JJ.

DATE : 13 JULY, 2022.

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

Counsel for the parties.

2. The petitioner is aggrieved by the order dated 17/12/2021

passed by the Scrutiny Committee, thereby refusing to scrutinize the

petitioner's caste claim on the ground that old documents pertaining to

her father and his relatives were not produced before the Scrutiny WP 571-2022 2 Judgment

Committee.

3. It is the case of the petitioner that her parents were married

on 6/1/2002 as per the Muslim Rites. Before the petitioner was born, the

parents separated on 28/8/2002. The petitioner was born on

11/11/2002. In this backdrop, it is the case of the petitioner that since

birth, she is residing with her mother and as per the mutual arrangement

between her parents, she is in custody of her mother. The petitioner's

mother had been issued a caste validity certificate of belonging to 'Pinjara'

OBC on 24/8/1993. Since the Scrutiny Committee has refused to verify

the petitioner's caste certificate which also bears the name of her mother,

the order passed by the Scrutiny Committee is under challenge.

4. The learned Counsel for the petitioner submitted that since

birth, the petitioner is residing with her mother who has separated from

her husband. The petitioner's caste certificate dated 10/8/2021 also bears

the name of her mother. It is not possible for the petitioner to obtain old

documents of her father since her parents are separated. Relying upon the

decision in Rameshbhai Dabhai Naika Vs. State of Gujarat And Other

[(2012) 3 SCC 400], it is submitted that in such a situation, the Scrutiny

Committee has to verify the petitioner's caste claim by considering the

documents submitted by her mother. Reliance is also placed on the order WP 571-2022 3 Judgment

passed in Ku. Avanti Malti Upadhye Vs. District Caste Certificate Scrutiny

Committee, Wardha [Writ Petition No. 8381/2019 decided on

27/6/2022] at the Nagpur Bench.

5. The learned Additional Government Pleader for the

respondents supported the impugned order. According to him, in the

absence of old documents of the petitioner's father, the Scrutiny

Committee was justified in refusing to verify the petitioner's caste claim.

6. Having heard the learned Counsel for the parties, we find that

the Scrutiny Committee was not justified in refusing to verify the

petitioner's caste claim. It is undisputed that the parents of the petitioner

are separated and in the proceedings for restitution of conjugal rights

preferred by the father, it has been agreed to keep the petitioner under

the guardianship of her mother. The petitioner's caste certificate also

reflects her mother's name. In these facts, by following the law laid down

in Rameshbhai Dabhai Naika (supra), we find that it would be necessary

for the Scrutiny Committee to consider the documents from her mother's

side. It may be noted that the petitioner's mother has been issued a

validity certificate on 24/8/1993 and thereafter her paternal uncle has

also been issued a validity certificate on 16/7/2021.

WP 571-2022 4 Judgment

7. In the aforesaid facts, the following order is passed :

i. The order passed by the Scrutiny Committee dated

17/12/2021 is set aside. The proceedings are remanded to the Scrutiny

Committee for fresh consideration. The petitioner is free to rely upon the

documents from her mother's side including the validity certificates issued

to her blood relatives. Since the petitioner is a Student, the verification

proceedings be completed within a period of six months from the date of

petitioner's appearance before the Scrutiny Committee. The petitioner

shall appear before the Scrutiny Committee on 25/7/2022.

ii. Rule is made absolute in the aforesaid terms. No costs.

(URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.)

Sumit

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:14.07.2022 15:29