Bombay High Court
Alvina Aqdas Shah D/O Mohammad Shakil ... vs State Of Maharashtra, Thr. Its ... on 20 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17635-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4615/2022
Alvina Aqdas Shah D/o Mohammad
Shakil Shah, aged about 21 Yrs.,
Occ. Student, R/o Near Wahed
Masjid, Ansar Nagar, Tah. Amravati,
Dist. Amravati. ... Petitioner
- Versus -
1. State of Maharashtra,
through its Secretary Social Welfare
Department, Mantralaya, Mumbai 32.
2. District Caste Verification and
Scrutiny Committee, Amravati,
through its Chairman / Member.
3. Vidyabharti Mahavidyalaya
Amravati, through its Principal,
Office at C.K. Naidu Road, Camp
Road, Amravati 444 602. ... Respondents
-----------------
Mr. S. S. Dhengale, Advocate for the Petitioner.
Ms. T.H. Khan, Assistant Government Pleader for Respondent
Nos.1 and 2.
----------------
CORAM :- SMT. ANUJA PRABHUDESAI &
MRS. VRUSHALI V. JOSHI, JJ.
DATED :- 20.12.2023
ORAL JUDGMENT (Per Mrs. Vrushali V. Joshi, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of the learned counsel for the parties.
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2. The petitioner has challenged the order passed by the
District Caste Verification and Scrutiny Committee, Amravati
invalidating the caste claim of 'Chapparband' dated 31.1.2022.
3. The petitioner belongs to 'Chapparband' caste which
comes under the category of Vimukta Jati (A). The petitioner
has submitted her caste claim in the prescribed format i.e. format
No.16 on 6.12.2018 along with school leaving certificate dated
14.8.2013, school leaving certificate of her father Mohammad
Shakil Shah dated 24.6.1992, the extract of birth register obtained
from Kotwal Book of great-grandfather Nadushah had a son in
1927. On the basis of above documents the uncles and cousins
(blood relatives) of the petitioner have received the validity
certificates. The petitioner claims that the Caste Scrutiny
Committee has erred in discarding these old documents on the
basis of which the caste claim of the blood relatives of the
petitioner has been validated.
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4. The respondent has filed reply and opposed the
petition stating that the documents filed on record are of different
entries. In respect of validity certificates at document Nos.9 to 11
it is submitted that in government letter dated 29.6.2009 and
government circular dated 23.3.2011 it is mentioned that while
verification of caste claim of 'Chpparband' three criteria are to be
considered (1) Muslim religion, (2) the word Shah in the name
and (3) the caste Fakir is mentioned in the name of forefather.
This Court in Writ Petition No.2802/2014 passed an order in
which it is made clear that the validity certificates issued only on
the basis of these three criteria inspite of having contrary evidence
of forefathers of pre-independence era mentioning caste as Fakir
are not binding upon the Committee to consider while deciding
the caste claim of 'Chapparband'.
5. The pre-constitutional documents of the petitioner
shows the petitioner's father belongs to Fakir which is included in
the list of Other Backward Category. Due to government letter
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dated 29.6.2009 which is issued in personal capacity was shown
in the name of Government and number of persons who actually
belongs to Fakir took disadvantage of this letter and got validity
certificate of the caste 'Chapparband'. Thus the applicants took
disadvantage of the validity certificate and got the appointment
and admission for the seats which are reserved for candidates of
Vimukta Jatis by depriving the genuine claimants of Vimukta
Jatis. The petitioner has submitted the school leaving certificate
of his grandfather showing the entry of caste Fakir. She belongs
to caste Fakir. Only on the basis of circular dated 23.3.2011 she
claims to be 'Chapparband' and the said circular is already
cancelled. Hence the respondent Committee prayed to dismiss
the petition as the order passed by the Committee is just, legal
and proper.
6. Heard both sides. Perused the record.
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7. The petitioner has filed validity certificates of the
blood relatives whose names are mentioned in the family tree
which was submitted before the Vigilance Cell. The oldest
document shows that the caste of blood relatives of the petitioner
as 'Chapparband'. In Apoorva Vinay Nichale V/s. Divisional
Caste Certificate Scrutiny Committee No.1 and others reported in
2010(6) Mh.L.J. 401, the Division Bench of this Court has held
that where during the course of enquiry the candidate submits a
Caste Validity Certificate granted earlier certifying that a blood
relatives of the candidate belongs to the same caste as that claim
by the applicant, the Committee may grant such certificate
without calling for Vigilance Cell Report. However, if the
Committee finds that the earlier caste certificate is tainted by
fraud or is granted without jurisdiction, the Committee may
refuse to follow and may refuse to grant certificate to the applicant
before it. This decision ruled upon in Ajiyan Tauhid s/o Vahid
Shaha. Vs.State of Maharashtra (Writ Petition No.7472 of 2022)
and several other petitions decided by this Court.
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8. In the instant case, the caste claim of the blood
relatives of the petitioner that they belong to Chapparband caste
has been validated. It is not the case of the respondent that the
said certificates were obtained by misrepresentation or fraud. In
such circumstances, the Scrutiny Committee was not justified in
invalidating the caste claim of the petitioner, when those blood
relatives of the petitioner are certified to be of Chapparband caste.
Hence, the petition is allowed.
9. The impugned order of the Caste Scrutiny
Committee is set aside. The respondent No.2-Committee is
directed to issue validity certificate of 'Chapparband' to the
petitioner within a period of six weeks from the date of judgment.
10. Rule is made absolute in the above terms. There shall
be no orders as to costs.
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(MRS. VRUSHALI V. JOSHI, J.) (SMT. ANUJA PRABHUDESAI, J.)
Tambaskar.
