Bombay High Court
Shaikh Safar Shaikh Kasim vs The State Of Maharashtra Through ... on 10 June, 2025
Author: R. G. Avachat
Bench: R. G. Avachat
2025:BHC-AUG:14780-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO. 2217 OF 2022
Shaikh Safar s/o. Shaikh Kasim,
Age : 51 years, Occu : Service
As Peon with the office of Area
Manager, Ox Mother Area,
Hingoli,
R/o. Behind Badi Masjit, Risala
Bazar, Hingoli, Tq. & Dist. Hingoli .. Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
Social Welfare Department,
Mantralaya, Mumbai
2. The Member Secretary,
Divisional Caste Scrutiny Committee
For S.C., V.J., N.T., O.B.C. & S. B. C.,
Committee No.2, Aurangabad Division Latur,
Latur, Tq. & Dist. Latur
3. The Range Manager,
Bull Mother Range, Hingoli,
Tq. & Dist. Hingoli .. Respondents
.....
Shri. Shashikant S. Londhe, Advocate for the Petitioner
Shri. P. K. Lakhotiya, AGP for the Respondent / State.
.....
CORAM : R. G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
Dated : JUNE 10, 2025
ORAL JUDGMENT (Per NEERAJ P. DHOTE, J.) :-
. Heard the learned Advocate for the Petitioner and the learned
AGP for Respondent Nos.1 and 2.
2. None appears for Respondent No.3, though served.
3. Rule. Rule is made returnable forthwith. By consent of the
parties, Petition is taken up for final hearing.
4. The Petitioner, who claims to be belonging to 'Muslim Gawali' -
Nomadic Tribe (B), is working with Respondent No.3 in the capacity of
Peon. Respondent No.3 submitted the Petitioner's document to
Respondent No.2 - Scrutiny Committee for validation. After following
due procedure, Respondent No.2 - Scrutiny Committee passed the
impugned Order dated 18.02.2016 invalidating the Petitioner's claim
to be belonging to 'Muslim Gawali' - N.T. (B).
5. It is the contention of the learned Advocate for the Petitioner that
Respondent No.2 - Scrutiny Committee ignored the Validity Certificate
issued to the Cousin Brother of the Petitioner namely Shaikh Alim
Shaikh Jummakha and also ignored the sale-deed dated 08.01.1951
which was executed by Cousin Grandfather of the Petitioner wherein the
caste is mentioned as 'Muslim Gawali'. He submits that the said sale-
deed is prior to the date when the said caste was notified as N.T. (B). He
submits that Vigilance Cell had conducted the enquiry and its Report
supports the Petitioner's claim. He submits that Respondent No. 2 -
Scrutiny Committee ignored the said vital documents and held that the
Petitioner failed to establish his claim towards the said caste. He sumbits
that the Petition be allowed.
6. The learned AGP appearing for Respondent Nos.1 and 2 opposes
the Petition. He submits that Respondent No. 2 has properly considered
the material available on record and no fault can be found with the
same.
7. We have perused the Petition and the documents annexed with
the Petition. There is genealogy submitted by the Petitioner to
Respondent No.2 - Scrutiny Committee. There is no dispute in respect
of the said genealogy. In the said genealogy, Shaikh Alim Shaikh
Jummakha is shown as the Cousin Brother of the Petitioner and
Deceased Shaikh Bhikan is shown as the Cousin Grandfather of the
Petitioner. There is also no dispute in respect of the Petitioner's relation
with the said two persons, namely, Shaikh Alim Shaikh Jummakha and
Shaikh Bhikan. There is no dispute that 'Muslim Gawali' was notified as
N.T. (B) in the year 1961. There is also no dispute that the Cousin
Brother of the Petitioner is having the validity towards 'Muslim Gawali'
N.T. (B) caste, which was issued by the Respondent No.2 - Scrutiny
Committee. The said sale-deed, in which the caste 'Muslim Gawali' of
the Cousin Grandfather of the Petitioner is mentioned, is of the year
1951 which was much prior to the said notification, by which
the 'Muslim Gawali' came to be notified as N.T. (B). There can be no
reason to falsely mention the said 'Muslim Gawali' caste in the said sale-
deed at that point of time. Copy of the Vigilance Cell Report is enclosed
with the Writ Petition. The findings in the Vigilance Cell Report support
the Petitioner's claim towards 'Muslim Gawali' N.T. (B) category. There
is nothing to show that Respondent No.2 - Scrutiny Committee came
across any document which was contrary to the Petitioner's claim.
Respondent No.2 - Scrutiny Committee ought to have considered the
aforesaid two documents and allowed the claim of the Petitioner.
In this view of the matter, the impugned Order dated 18.02.2016 passed
by Respondent No.2 - Scrutiny Committee invalidating the Petitioner's
claim towards 'Muslim Gawali' N.T. (B) is required to be set aside and
hence, we proceed to pass the following order.
ORDER
(i) The Writ Petition is allowed in terms of prayer clause 'B'.
(ii) Respondent No.2 - Scrutiny Committee shall issue necessary
validity certificate in favour of the Petitioner belonging to 'Muslim
Gawali' - N.T. (B) Caste category within a period of four (4) weeks
from the date of receipt of this order.
(iii) Writ Petition stands disposed off accordingly.
( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. )
GGP
Signed by: Gajanan G. Punde
Designation: PA To Honourable Judge
Date: 13/06/2025 10:27:02
