Mohammad Anas Mohammad Salim vs District Caste Scrutiny ...
2023 Latest Caselaw 1438 Bom

                 27-J-WP-155-23                                                       1/3


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

                                      WRIT PETITION NO.155 OF 2023


                 Mohammad Anas Mohammad Salim,
                 aged about 20 years, Occupation-Student,
                 r/o Nehru Nagar, Behind Petrol Pump,
                 Ward No.9, Dharni, At Post Dharni,
                 Tahsil Dharni, District Amravati                  ... Petitioner

                 -vs-

                 1. District Caste Scrutiny Committee,
                    Amravati

Deleted as per   2. Nagpur University,
Court order         (Deleted)
dt.07/01/2023
                 3. G. H. Raisoni College of
                     Engineering                                   ... Respondents
                     (Deleted)


                 Shri Abdul Subhan, Advocate for petitioner.
                 Ms N. P. Mehta, Assistant Government Pleader for respondent.

                                  CORAM : SUNIL B. SHUKRE AND MRS VRUSHALI V. JOSHI, JJ.

DATE : February 10, 2023

Oral Judgment : (Per : Sunil B. Shukre, J.)

Heard.

Rule. Rule made returnable forthwith and heard finally by

consent of learned counsel for the parties.

2. The only ground for rejecting the validity which has been

issued to the father and real uncle of the petitioner is that those

validities were issued to them without there being any vigilance report.

27-J-WP-155-23 2/3

There are, however no observations nor any finding that those

validities were obtained by these blood relatives of the petitioner by

playing fraud upon the Scrutiny Committee or suppressing material

facts or misrepresenting their cases before the Scrutiny Committee.

That being the case, we find that the issue involved in the petition is

squarely covered by the view taken in Apporva d/o Vinay Nichare vs.

Divisional Caste Certificate Scrutiny Committee No.1, Nagpur and ors.

2010(6) Mh.L.J. 401 and several other judgments including the

Judgments rendered in Writ Petition No.1009/2017 (Sangita Madan

Ingle vs. Vice Chairman/Joint Commissioner, Scheduled Tribe Caste

Certificate Scrutiny Committee, Amravati and anr.with connected writ

petitions) decided on 16/07/2018, Writ Petition No.6023/2019

(Kareema Abdul Shakoor Nagani vs. District Caste Scrutiny Committee,

Nagpur and ors. with connected writ petition) decided on 11/09/2019,

Writ Petition No.1034/2021 (Harun Habib Rarani and anr. vs. District

Caste Scrutiny Committee, Amravati) decided on 21/11/2022 and Writ

Petition No.6656/2019 (Sajid Abdul Gaffar Varshani and anr. vs.

District Caste Scrutiny Committee, Yavatmal and anr.) decided on

15/12/2022.

3. For the reasons stated above, we find that there is substance in

the petition and the same deserves to be allowed. Accordingly, the 27-J-WP-155-23 3/3

petition is allowed and following order is passed :

(i) The impugned order dated 12/09/2022 invalidating the caste-

claim of the petitioner is hereby quashed and set aside.

(ii) The respondent No.1-District Caste Scrutiny Committee,

Amravati is directed to validate caste-certificate issued by the

Sub-Divisional Officer, Dharni in favour of the petitioner on

18/04/2016 and issue caste validity certificate to the effect

that the petitioner belongs to 'Kachi' OBC at Sr.No. No.85 as

per Government Resolution dated 01/06/2004 within a period

of four weeks from the date of receipt of this judgment.

Rule is made absolute in above terms with no order as to costs.

(Mrs Vrushali V. Joshi, J.) (Sunil B. Shukre, J.)

Asmita

Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:10.02.2023 15:14:23