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Judgment
Heard.
Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels for the parties.
The petition challenges the order dated 09.10.2018 passed by the District Caste Certificate Scrutiny Committee, Akola (for short, “the Committee”) invalidating the caste claim of the petitioner who claims to be belonging to “Momin” Other Backward Class.
The petitioner intended to contest elections and therefore, he applied before the Committee for validation of his caste certificate. The petitioner filed various documents showing his and his forefathers’ caste as “Momin” before the Committee. He also relied upon the validity certificate granted to his real brothers namely Shakir Ahmed and Sajid Ahmed as well as cousin brothers Rais Ahmed Jafar Ahmed and Aashique Ahmed Jafar Ahmed. However, the validities were granted to them during the pendency of this petition. The Committee invalidated the caste claim of the petitioner relying on the contra entries found in the School Leaving Certificate (SLC) of the petitioner dated 31.05.2002 and SLC of his father Shakeel Ahmed Shaikh Mehboob dated 05.07.1971. It appears that the documents produced by the petitioner consistently show the entry “Momin” as his caste; more particularly, the document dated 23.01.1935 showing the caste of Gulam Rasul Rahman, the great great grandfather of the petitioner as “Momin”.
The grant of validity certificates to the real brothers and the cousin brothers of the petitioner during the pendency of this petition has not been disputed by the learned AGP. Moreover, the Vigilance Cell report also mentions the document dated 23.01.1935 which belongs to the great great grandfather of the petitioner mentioning the caste as “Momin” which has not been considered by the Committee. Therefore, the findings recorded by the Committee are contrary to Rule 16 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Classes and Special Backward Category (Regulation of Issuance and Verification of ) Caste Certificate Act, 2012 and also go against the decision in the case of Apoorva Vs. Divisional Caste Certificate Scrutiny Committee [2010 (6) Mh.L.J. 401]. Hence, the findings recorded by the Committee need to be set aside. Hence, we proceed to pass the following order:-
The Writ Petition is allowed.
ii) The impugned order dated 09.10.2018 passed by respondent no. 1- Committee invalidating the caste claim of the petitioner is hereby quashed and set aside.
iii) The caste claim made by the petitioner that he belongs to “Momin” Other Backward Class is allowed. Respondent no. 1-Committee is directed to issue caste validity certificate to the petitioner within two weeks from today.
iv) The learned AGP is directed to intimate this order forthwith to the Committee.
Authenticated copy of this order be supplied to the parties.