Chinmay S/O Dilip Chavda vs The State Of Maharashtra, Thr. ...
2023 Latest Caselaw 3408 Bom

WP 153-23                                          1                       Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                        WRIT PETITION NO. 153/2023
Chinmay s/o Dilip Chavda,
Age : 19 years, Occ: Education,
R/o Anjangaon Road, Akot, Tq. Akot, Dist. Akola.                      PETITIONER

                                        -VERSUS-

1.            The State of Maharashtra, through Ministry
              for Social Justice and Special Assistance
              Department, Mantralaya, Mumbai-32.


2.            Member-Secretary,
              District Caste Certificate Scrutiny Committee,
              Akola, Tq. & Dist. Akola.                           RESPONDENTS

__________________________________________________________________________
                  Shri A.J. Thakkar, counsel for the petitioner.
     Shri A.A. Madiwale, Assistant Government Pleader for the respondents.


CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ.

DATE      : APRIL        0 6,   2023.
ORAL JUDGMENT             (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The challenge raised in this writ petition is to the order dated

22.09.2022 passed by the District Caste Certificate Scrutiny Committee,

Akola thereby invalidating the petitioner's claim of belonging to 'Shimpi'-

Other Backward Class category. It is the case of the petitioner that he and

his forefathers belong to 'Shimpi' community. In that regard, the

petitioner by relying upon the School Leaving Certificate dated

06.10.1937 issued to his grandfather's brother - Girdharlal as well as the

WP 153-23 2 Judgment

School Leaving Certificate dated 31.03.1938 issued to his grandfather -

Mohan alongwith revenue extract of his great grandfather - Pitambar with

the entry 'Gujarati Darji' dated 30.09.1931 sought verification of his caste

claim. The petitioner also relied upon the validity certificates issued to

other blood relatives indicating that they belong to 'Shimpi' - Other

Backward Class category. The Scrutiny Committee obtained the report of

the Vigilance Cell which noted that the family members were residing at

Akot, Taluka Akot, District Akola and that they were engaged in the

traditional profession of sewing. The members used to speak in Gujarati

language and were following the customs of Hindu religion. The Scrutiny

Committee after considering the aforesaid report of the Vigilance Cell

alongwith the say of the petitioner concluded that in some of the old

documents the words 'Ka Shimpi' had been written while in some other

documents the words 'Kathewari Darji' had been written. On these

grounds, the Scrutiny Committee invalidated the petitioner's claim thus

giving rise to the present challenge.

3. Shri A.J. Thakkar, learned counsel for the petitioner submitted

that in the list of Other Backward Class category dated 13.10.1967, caste

'Shimpi' was at Serial Number 153. In the subsequent Government

Resolution dated 09.08.1995 caste 'Darji' had been shown at Serial

Number 236. In Annexure 'C' to the Government Resolution dated

09.08.1995 with regard to entry at Serial Number 153, caste 'Shimpi'

alongwith its sub-caste 'Idrisi/Darji' had been shown. The forefathers of

WP 153-23 3 Judgment

the petitioner hailed from Kathiawad area in Gujarat but prior to

13.10.1967 which was the relevant date, the family had shifted in the

State of Maharashtra. The word 'Ka Shimpi' indicated the Kathiawadi

Shimpi' thus indicating the area from which the petitioner's forefathers

came. Since 'Darji' had now been shown as a sub-caste of 'Shimpi', the

entry pertained to the petitioner's great grandfather - Pitambar as

'Gujarati Darji' ought to be seen in that context. Since the validity

certificate had been issued to other blood relatives, the petitioner's claim

ought to have been upheld. The Scrutiny Committee failed to consider

the aforesaid relevant aspects while invalidating the caste claim of the

petitioner. The petitioner was pursuing his education and hence it was

prayed that if his claim was to be upheld the Scrutiny Committee ought to

be directed to issue such validity certificate within a period of one week.

4. Shri A.A. Madiwale, learned Assistant Government Pleader for

the respondents opposed the aforesaid submissions. According to him,

considering the entries 'Ka Shimpi' and 'Gujarati Darji', it was clear that

the material relied upon by the petitioner was insufficient to issue the

validity certificate. The forefathers of the petitioner were not the

residents of State of Maharashtra and hence they could not claim any

benefit in that regard. Though the revenue entries of the petitioner's

great grandfather - Pitambar were of the year 1931, the words 'Kathewari

Darji' had been mentioned. The word 'Darji' could not be equated with

caste 'Shimpi' in the list of Other Backward Class category so as to enable

WP 153-23 4 Judgment

the petitioner to seek benefit of the same. The sub-castes 'Idrisi/Darji'

related to persons from the Muslim community. Though various

documents prior to 1967 had been filed, there were various entries such

as 'Darji', Gujarati Shimpi', 'Kathewari Shimpi', etc and hence the claim of

the petitioner was invalidated. The validity certificate issued to Jay, son

of Vijay was without calling for the report of the Vigilance Cell and

therefore was not liable to be relied upon. It was submitted that there

was no case for interference with the order passed by the Scrutiny

Committee in exercise of writ jurisdiction.

5. Having heard the learned counsel for the parties and having

perused the relevant documents as well as the record of the Scrutiny

Committee, we are satisfied that the Scrutiny Committee has committed

an error while invalidating the petitioner's claim of belonging to 'Shimpi'

- Other Backward Class category. Caste - 'Shimpi' has been included in

the list of the Other Backward Classes category at Serial Number 153 vide

Government Resolution dated 13.10.1967. Subsequently, sub-caste

'Idrisi/Darji' has been identified with caste 'Shimpi'. The oldest document

on which the petitioner relies is of his great grandfather - Pitambar dated

30.09.1931. The same bears the entry 'Kathewad Darji'. It is a matter of

common knowledge that 'Kathiawad' is a reference to a particular area in

the State of Gujarat and there is no caste by name 'Kathiawad'. Similarly,

the document of the year 1937 with the entry 'Ka Shimpi' relates to

'Kathewadi Shimpi'. This document is of the elder son of Pitambar and it

WP 153-23 5 Judgment

thus becomes obvious that the words 'Darji' and 'Shimpi' have been used

synonymously in the documents of the years 1931 and 1937. Similarly,

the School Leaving Certificate of another son of Pitambar, namely Mohan

has the entry 'Shimpi' which again connects him with his brother and

father. 'Shimpi'/'Darji' is the name of the profession of persons carrying

on sewing activity. These entries are consistent in the family of the

petitioner from 1930 and onwards. The fact that the family members

were residing in the State of Maharashtra prior to the cut-off date of

13.10.1967 is also not disputed since the petitioner's grand-parents took

education in the State of Maharashtra in the 1930s and 1940s. Coupled

with the aforesaid, the Scrutiny Committee itself has issued a validity

certificate to the petitioner's cousin Jay son of Vijay. The reason assigned

by the Scrutiny Committee for not relying upon the said document on the

ground that the said validity certificate was not preceded by any enquiry

of the Vigilance Cell is hardly of any consequence considering the other

documents on record. Similarly, the contention raised by the learned

Assistant Government Pleader that the entries 'Idrisi'/'Darji' ought to be

confined to persons from Muslim religion is also not supported by any

such material. The Government Resolution dated 09.08.1995 and

especially Annexure-C does not indicate the same. We therefore find that

the Scrutiny Committee misdirected itself by giving undue importance to

the presence of the words 'Kathewadi', 'Darji', 'Gujarati Darji', etc. The

petitioner has thus proved that he and his forefathers belong to caste

'Shimpi', sub-caste 'Darji'.

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6. For aforesaid reasons, the order passed by the Scrutiny

Committee dated 22.09.2022 is set aside. It is declared that the

petitioner has proved that he belongs to 'Shimpi' - Other Backward Class

category which is Entry Number 153. The Scrutiny Committee shall

within a period of one week issue validity certificate to the petitioner. Till

such validity certificate is received, the petitioner can rely upon this

judgment to indicate that direction has been issued for issuance of such

validity certificate.

7. The writ petition is allowed in aforesaid terms. Rule

accordingly, No costs.

          (M.W. CHANDWANI, J.)                   (A.S. CHANDURKAR, J.)

APTE