Bombay High Court
Yug S/O Jayesh Chudasama vs The District Caste Scrutiny Committee, ... on 8 May, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:4919-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 3989 OF 2024
Yug s/o Jayesh Chudasama,
aged 18 yrs, Occ. Education,
R/o. Nnakshai Wada,
Namuna Galli No.6,
Namuna Amravati,
Tq. Dist. Amravati ......PETITIONER
...V E R S U S...
The District Caste Scrutiny
Committee, Amravati
through its Member/Secretary,
B Wing, First Floor,
Dr. Babasaheb Ambedkar
Sarwajanik Nyay Bhavan Camp Road,
Amravati 444 606 .....RESPONDENTS
---------------------------------------------------------------------------------------------
Mr. V.A. Kothale, Advocate for the petitioner,
Mr. A.M. Kadukar, AGP for respondent/State.
CORAM:- AVINASH G. GHAROTE, &
ABHAY J. MANTRI, JJ.
DATE : 08.05.2025
JUDGMENT (Per: Abhay J. Mantri, J.)
Heard. Rule. Heard finally with the consent of learned
counsel for the parties.
2. The challenge is raised to the order dated 27.04.2023,
passed by the respondent, the District Caste Scrutiny Committee,
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Amravati (for short, "the Committee"), thereby invalidating the claim
of the petitioner that he belongs to the ' Mochi' Scheduled Caste
category.
3. The petitioner claims to belong to the 'Mochi' Scheduled
Caste. Accordingly, on 07.01.2014, the Sub Divisional Officer,
Amravati, issued a caste certificate in his favour. He was pursuing
studies in 12th standard. To pursue further education, he submitted
his caste certificate along with the documents to the High school.
The Headmaster of the School forwarded the caste certificate along
with documents to the Committee for verification.
4. The Committee was dissatisfied with the documents;
hence, it forwarded the same to the Vigilance Cell for detailed
enquiry. The Vigilance Cell thoroughly enquired into the matter and
submitted its report to the Committee on 16.02.2023. Thereafter,
the Committee called upon him to explain the adverse entries
discovered during the vigilance enquiry, i.e. 'Hindu Mochi'. The
petitioner's father submitted an explanation to the Committee. After
considering the Vigilance Cell report, explanation and documents on
record, the Committee invalidated the petitioner's claim of
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belonging to the 'Mochi' Scheduled Caste as some adverse entries
were discovered during the vigilance enquiry, hence, this petition.
5. Mr. Kothale, the learned counsel for the petitioner,
vehemently argued that the petitioner, to substantiate his claim, has
produced as many as nine documents on record, out of which one
document of 1943 pertains to his cousin's grandfather, wherein his
caste had been recorded as 'Hindu Mochi'. He submitted that Hindu
is a religion, not a caste; therefore, the same could not be
considered a prefix for the 'Mochi' caste. He also produced a validity
certificate issued in favour of his cousin uncle Chetan and,
therefore, urged that based on those documents, the petitioner is
also entitled to the validity certificate. However, the Committee has
not considered those documents and erred in observing that the
petitioner failed to demonstrate his relationship with Chetan. In the
document of 1943, caste was recorded as 'Hindu Mochi' and
rejected; the said finding recorded by the Committee cannot be
sustained in the eyes of the law; hence, he prayed for the petition to
be allowed.
6. Per contra, Mr. Kadukar, the learned AGP, opposes the
petition contending that the petitioner failed to prove his
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relationship with Chetan, so also, in the document of 1943, caste
has been recorded as 'Hindu Mochi'. Thus, petitioner has failed to
discharge the burden cast upon him as per Section 8 of the
Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward Classes and
Special Backward Category (Regulation of Issuance and Verification
of) Caste Certificate Act (for short, " the Act"), 2000. He further
canvassed that the ancestors of the petitioner were residents of the
Gujrat State; therefore, the petitioner cannot claim to be a member
of the Scheduled Caste in Maharashtra. Thus, passing the order by
the Committee is just and proper, and no interference is required;
hence, he urges rejection of the petition.
7. We have considered the rival contentions of the parties
and perused the impugned order and the record. We have also gone
through the original record and returned it.
8. At the outset, it appears that the petitioner, to
substantiate his claim, has produced nine documents on record, out
of which the document at serial 7 is an extract of the School Leaving
Certificate Register. We have perused the copy of the extract from
the original record. It is apparent that said certificate pertains to his
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cousin's grandfather, Nathalal Ramji. He was admitted to the
Municipal Corporation school at Amravati on 23.05.1943 and left
on 03.04.1950. In clause 2 of the certificate, the religion, as 'Hindu',
was mentioned in brackets, and the caste was recorded as ' Mochi'.
The Vigilance Cell also verified the School Leaving Certificate
Register and found that Nathalal's caste was recorded as ' Mochi' and
his date of birth was mentioned as 25.08.1935; he was admitted to
the school on 23.05.1943. The Vigilance Cell has neither disputed
said entry nor disputed the caste recorded therein as ' Mochi, and
therefore, there is no reason to disbelieve said document.
9. The Vigilance Cell, during the enquiry, has found that the
ancestors of the petitioner shifted to Amravati between 100 and 125
years ago and have been settled there permanently. It also recorded
that Ramji had three sons, Nathalal, Haribhai, and Chhaganlal.
Chhaganlal had one son, Chetan, who was a validity holder, and the
petitioner is the grandson of Haribhai. The Vigilance Cell has not
disputed Chetan's blood relation with the petitioner. Therefore, the
finding recorded by the Committee appears to be contrary to the
Vigilance Cell report, and based on the said findings, the order of
invalidation cannot be sustained. However, Vigilance Cell and the
Committee had erred in considering the said document and
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observing that his caste was recorded as ' Hindu Mochi'. On the
contrary, it is apparent that the word 'Hindu' refers to a religion and
caste that was recorded as 'Mochi'. Moreover, Hindu is not a caste,
but a religion, and therefore, the finding recorded by the Committee
appears to be contrary to the facts on record. It can't be sustained in
the eyes of the law. As against this, the Vigilance Cell found that the
caste of the petitioner's cousin's grandfather was recorded as ' Mochi'
only. The said document is of the pre-constitutional era and
therefore has greater probative value. The other documents
produced by the petitioner pertaining to himself and his father,
wherein their caste has been recorded as ' Mochi' only. Before the
committee, the petitioner also produced the validity certificate
issued in favour of Chetan Chhaganlal, his cousin's uncle.
10. We have perused the Validity Certificate, which was
issued on 12.04.2004. The Committee has neither challenged the
said validity nor cancelled the same till this date, therefore, as per
the law laid down in Apoorva d/o Vinay Nichale vs Divisional Caste
Certificate Scrutiny Committee No.1 and others (2010(6) Mh.L.J. 401
("Apoorva Nichle"), the petitioner's claim ought not to have been
refused by the Committee but the same status shall have to be
awarded to him that he belongs to ' Mochi' Scheduled Caste.
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However, the Committee vaguely observed that Chetan is not in a
blood relationship to the petitioner. The Committee failed to
consider the genealogical tree submitted by the mother of the
petitioner along with Form-3 [(Rule 4(1)] of the Maharashtra
Scheduled Caste Certificate (Issuance and Verification) Rules, 2003
(for short, "the Rules").
11. Moreover, the relationship of the Petitioner with the
Chetan, who has been granted the validity, is not disputed by the
Vigilance Cell, also in the family tree, the name of Chetan is shown
as a cousin-uncle of the petitioner therefore, as contained in
explanation (3) to Rule (16) of the Rules 2012, we do not see any
reason as to why the validity ought not to be granted to the
petitioner, as the reasons for not relying upon the judgment of this
Court as indicated above in respect of the relatives on the paternal
side of the petitioner, do not commend us.
12. It is also necessary to note that the genealogical tree
given before the Vigilance cell and the committee indicates that
Nathalal Ramaji was the cousin-grandfather of the petitioner, who
had taken admission in the school on 23.05.1943, wherein his caste
was recorded as 'Mochi'. Since the said document is not disputed, it
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would, therefore, be apparent that the oldest entry in the family of
the petitioner would prevail.
13. The next ground raised by learned AGP is that the
forefathers of the petitioner were residents of the Gujrat State and
therefore, he is not entitled to claim the caste validity for the caste
'Mochi' in the Scheduled Caste Category of the Maharashtra State.
We do not find substance in the said contention since the Vigilance
Cell, during the enquiry, has found that the ancestors of the
petitioner shifted to Amravati between 100 and 125 years ago and
have been settled there permanently. Thus, it appears that prior to
the pre-constitutional era, the petitioner's grandfather resided in
Maharashtra. Secondly, in the Dang and Walsad districts of Gujarat
State, the 'Mochi' caste is classified in a Scheduled Caste category. It
does not bring to record by the Vigilance Cell report that the
petitioner's ancestors were non-residents of the Dang and Walsad
districts. In the State of Maharashtra, the ' Mochi' caste is classified
as a Scheduled Caste. Therefore, we do not find substance in the
argument of learned AGP in that regard.
14. Considering the aforesaid fact that the petitioner has
produced pre-constitutional document of 1943 pertaining to his
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cousin-grandfather and the validity certificate issued in favour of his
cousin-uncle Chetan, in our view, as per the law laid down in
various authorities by the Hon'ble Apex Court that pre-constitution
era document has greater probative value and based on the dictum
laid down in Apoorva Nichale (supra), the petitioner has discharged
the burden cast upon him under Section 8 and demonstrated that
he belong to 'Mochi' Scheduled Caste.
15. In the backdrop of the above, we allow the petition. The
impugned order dated 27.04.2023, passed by the respondent, the
District Caste Scrutiny Committee, Amravati, is hereby quashed and
set aside. It is hereby declared that the petitioner belongs to the
'Mochi' Scheduled Caste. The respondent Committee is directed to
issue a validity certificate to the petitioner within a period of six
weeks from receipt of this order. Rule is made absolute in the above
terms. No costs.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)
R. Belkhede,
Personal Assistant
Signed by: Mr. R. S. Belkhede
Designation: PA To Honourable Judge
Date: 08/05/2025 16:06:30
