Bombay High Court
Manas Pankaj Ahirwal And Anr vs The Stae Of Maharashtra And Anr on 28 March, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
2023:BHC-AS:9312-DB Manas Pankaj Ahirwal & Anr v State of Maharashtra & Anr
24-aswp-1948-2023-J.doc
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1948 OF 2023
1. Manas Pankaj Ahirwal,
Age-18 Yrs, Occ. Student
2. Mahika Pankaj Ahirwal,
Age-18 Yrs, Occ. Student
Both Residence of: Flat No. 301, A-
Wing, Jai Sai Mahima Apartment,
Uttan Road, Near Police Station Road,
Bhayander (W), Thane-401 101 ...Petitioners
~ versus ~
1. The State of Maharashtra
2. District Caste Certificate
Scrutiny Committee,
Palghar,
Having office at-Plot No. 106, B-wing,
2nd floor, Aafrin Apartment, Navali
Railway Crossing Road,
Dist Palghar 401 404. ...Respondents
A PPEARANCES
for the petitioner Mr AK Shukla, with Aarti
Bhandari.
for respondent-state Mr NC Walimbe, AGP.
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Manas Pankaj Ahirwal & Anr v State of Maharashtra & Anr
24-aswp-1948-2023-J.doc
CORAM : G.S.Patel &
Neela Gokhale, JJ.
DATED : 28th March 2023
ORAL JUDGMENT (Per GS Patel J):-
1. Rule. Rule returnable forthwith. The Petition is taken up for
hearing and final disposal.
2. This Petition assails two orders dated 8th March 2022 of the
District Caste Scrutiny Committee, Palghar rejecting the
Petitioners' claim for a validity certificate. Both Petitioners claim to
be of the Hindu Chamar Caste.
3. The Committee rejected the claims based on what appears to
be nothing more than an accident of geography. The finding at page
26, and it is a solitary finding, is an answer to an issue framed during
the hearing. The issue framed was whether, since neither the
Petitioners nor their paternal ancestors could be shown to be
residents of Palghar, it could possibly be correct for a caste
certificate to have been issued by the authorities in Palghar.
4. The question would have answered itself had the Committee
but cared to look a little carefully at a few documents. The leaving
certificate of the Petitioners' father at page 39 is of 3rd May 1992. It
gives the caste as Chamar and it gives the address as Vasai, District
Thane. For the Petitioners' grandfather, the corresponding
certificate at page 102 is also of Vasai in Thane District. That
28th March 2023
Manas Pankaj Ahirwal & Anr v State of Maharashtra & Anr
24-aswp-1948-2023-J.doc
certificate is of 29th December 1946. There are other documents as
well that are annexed.
5. What the Committee seems to have missed is that it was
thereafter that Thane District was divided and the new district of
Palghar was created. The question is not of a district but into which
district the birth town of the Petitioners fell. Vasai was always their
birth place. It was initially in Thane District because initially there
was only the Thane District. On the subdivision, Vasai became part
of Palghar District.
6. The entire order is completely without application of mind to
self-evident circumstances. It cannot be sustained. It is quashed and
set aside.
7. Rule is made absolute in terms of prayer clauses (a) and (b).
The caste certificates are to be issued to the Petitioners within two
weeks from today.
(Neela Gokhale, J) (G. S. Patel, J)
28th March 2023
