Bombay High Court
Shifa Aliya D/O Azhar Iqbal vs State Of Maha., Thr. Secretary Social ... on 19 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17623-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4614 OF 2022
Shifa Aliya Azhar Iqbal, Aged about 22 Petitioner
years, Aged about 22 years, Occupation
Student R/o Dr.Shabeer Ali, Chaya Nagar,
Nagar, Near Aqsa Masjid, Amravati district
Amravati.
Versus
1 State of Maharashtra, through its Secretary
Social Welfare Department, Mantralaya,
Mumbai 32
2 District Caste Verification and Scrutiny Respondents
Committee, Amravati, Through its
Chairman/Member.
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Mr.S.S.Dhengale, counsel for the petitioner.
Mr. P.P.Pendke, AGP for the respondent Nos.1 and 2.
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CORAM SMT. ANUJA PRABHUDESSAI
& MRS. VRUSHALI V.JOSHI, JJ.
DATE : 19.12.2023
ORAL JUDGMENT (Per: Vrushali V.Joshi,J)
Heard.
2. Rule. Rule made returnable forthwith. The writ petition is
heard finally with the consent of the learned counsel for the parties.
Kavita.
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3. The petitioner is challenging the order dated 25.05.2022
passed by the respondent No.2 District Caste Verification Scrutiny
Committee Amravati, thereby rejecting the caste claim of the
petitioner.
4. The petitioner belongs to "Chhaparband" Caste which
comes under the category of Vimukti Jaati-A. The petitioner has
submitted her caste claim in the prescribed form i.e. form No.16 on
26.11.2016 before the respondent No.2-Committee. The
petitioner has annexed the documents along with her caste claim.
She has filed the following documents (1) certificate of the
petitioner dated 26.06.2010 (2) the school leaving certificate of
the petitioner dated 15.06.2015 (3) School leaving certificate of
the grandfather of the petitioner Shabeer Ali Aziz Shah dated
28.03.1973 (4) The admission in school of said said Shabeer dated
01/07/1960, (5) extract of birth register of the great grandfather
Ajij Shah dated 24.07.1930 (6) extract of birth register of Jaitunbi
d/o Ajij Shah dated 24.07.1930 (7) validity certificate of Shabeer
Ali dated 06.05.2002. (8) The sale deed dated 14.04.1929 in the
name of Faizu Shah, who is the great grandfather of the petitioner.
The petitioner has filed all these documents along with family tree.
Kavita.
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She has filed 10 validity certificates of her blood relatives. The
validities issued to her cousins on 07.07.2015, 31.03.2021,
30.06.2018 and 09.11.2020. The vigilance enquiry report of
Aamer Farz of 23.09.2013, the vigilance enquiry report of uncle
Mazhar Ali dated 12.08.2019.
5. The petitioner has submitted the validity certificate of her
blood relatives to the respondent no.2 caste Scrutiny Committee for
considering her caste claim as all her blood relatives including her
grandfather, uncles, cousins are having validity certificates in the
family and thus there are 10 validity certificates in the family of the
petitioner. This Court in the case of Khushbu Shah d/o Naser Shah
decided on 05.11.2020 in Writ Petition No.7967 of 2019 held
that he belongs to Chhaparband Vimukt Jaati in view of the validity
certificate issued in favour of blood relatives.
6. In Writ Petition No. 5163 of 2018, this Court has
specifically considered the aspect that even though the GR/circular
dated 23.03.2011 is cancelled by virtue of new circular dated
16.02.2015, the government has also taken its stand regarding
validity certificate already granted to various persons before
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16.02.2015. The circular dated 16.02.2015 is silent on this aspect
of the matter and therefore this Court directed State of Maharashtra
must decide it's further course of actions as regards to validity
certificate already granted to different persons on the basis of 2006
letter and subsequent circular. In view of that, the validity
certificate was directed to be issued as a Chhaparband V.J.(A) to the
petitioner in Writ Petition No.5163 of 2018. The said issue has
now been settled therefore, the reasoning given for rejection is not
correct.
7. The counsel for the petitioner has stated that this Court
has settled the position of law that when the family members of
petitioner are having validity and their documents are not forged
one and there is no observation to that effect by the Caste
Committee then, on the basis of the same document, the petitioners
have claimed the validity certificate then under such circumstances,
the Caste Committee shall not reject the validity to the other family
members or the petitioner.
8. The learned Assistant Government Pleader opposed the
petition stating that the petitioner is claiming the validity on the
Kavita.
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basis of the validities issued to the blood relatives. In the
government letter dated 29.06.2009 and circular dated 23.03.2011
it is mentioned that while verification of the caste claim of
Chhaparband three criteria are to be considered. (1) Muslim
Religion, 2) the word Shah in the name, 3) the caste Fakir is
mentioned in the document of forefather. But this Court in Writ
Petition No.2802 of 2014 dated 04.12.2014 has made it clear that
:-
"The validity certificate issued only on basis of
these three criteria and in spite of having
contradictory evidences of forefathers which are
of pre independence era and proves their caste as
Fakir, are not binding upon the committee to
consider while deciding the caste claim of the
'Chhapparband'.
9. The Government circular dated 23.03.2011 has been
cancelled by the Government circular dated 16.02.2015.
Therefore, the validity certificate issued only on the basis of these
three criteria, and in spite of having contradictory evidences of
forefathers which are of pre-independence era and proves their
caste as Fakir, are not binding upon the committee to consider
while deciding the caste claim of the "Chhapparband".
Kavita.
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10. The petitioner has filed the above validity certificates but
not filed a single conclusive documentary evidence prior to 1961
showing the caste of forefather as 'Chhapparband". Therefore the
committee has rightly discarded the claim of the petitioner of
"Chhaparband" caste.
11. Heard both counsel and perused the record. The
petitioner has filed the validity certificates of ten blood relatives,
whose names are mentioned in family tree submitted by the
petitioner before the Vigilance Cell. The documents filed on record
shows that the documents are of Chhapparband caste. The oldest
document is also of Chhapparband caste. The petitioner has relied
on the judgment of this Court in Writ Petition No.7967 of 2019
and 5163 of 2018.
12. The learned Assistant Government Pleader has strongly
objected to consider the validity certificate issued to the blood
relatives though the reliance is placed on Apoorva Vinay Nichale
Vs. Divisional Caste Certificajte Scrutiny Committee No.1 and ors.
Reported in, 2010(6) Mh.L.J 401. The learned Assistant
Government Pleader stated that by circular dated 06.02.2019 the
circular dated 23.03.2011 is withdrawn. This Court has considered
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this issue in Writ Petition No. 5163 of 2018, where this Court has
already taken the view that on the basis of validity certificates,
which are issued earlier, the validity can be issued to the candidate,
who is relying on said validity certificates.
13. In view of the judgment passed by this Court, the petition
is allowed and the order dated 25/05/2022 passed by the
Respondent No.2 District Caste Verification and Scrutiny
Committee, Amravati is set aside and the direction is given to the
Scrutiny Committee respondent No.2 to issue the validity
certificate of Caste Chhapparband to the petitioner within a period
of six weeks.
14. Rule is made absolute in the above terms.
(VRUSHALI V. JOSHI, J) ( ANUJA PRABHUDESSAI , J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 26/12/2023 12:05:05 Kavita.
