Mohammad Husain Hisamuddin Shaikh vs The State of Maharashtra and Others

Rule returnable forthwith. Heard finally by consent of parties. We are inclined to dispose of present writ petitions as they are belonged to one family. Paternal relative Dinmohamad got validity certificate of the caste muslim Takari after due inquiry from the respondents and that has attained finality. The issue is with regard to the petitioners'' caste ''muslimtakari'' who are relatives of Dinmohamad.

The following chart shows their relation with Dinmohammed:-

There is no issue with regard to the relationship. The submission therefore, all these cases are governed by following judgments of this court need to be accepted. We have consistently held that the caste validity certificate issued in favour of one relative (paternal) as defined under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act (2000) can be the foundation for other relatives for same claim. The respondent-authority thus cannot overlook the same unless there is a case of fraud or mis-representations. There is no such material placed on record and/or any challenge raised and/or made to the certificate issued to Dinmohammed. Therefore, the other relatives thus cannot be denied the similar caste validity certificate, as done in the present case by overlooking the provisions of law and also the following judgments-

(1) Pranav Prakash Mandlik Vs. State of Maharashtra, (2014) 6 BomCR 200 : (2014) 6 MhLj 449

(2) Mayur Vs. Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli and Others, (2014) 4 BomCR 730 : (2014) 1 MhLj 437

(3) Apoorva Nichale Vs. Divisional Caste Certificate Scrutiny Committee No. 1, The Director, Medican Education and Research, Govt. of Maharashtra, CET Cell, The Dean, Govt. Medical College and Hospital and The Registrar, Maharashtra University of Health Sciences, (2011) 2 BomCR 824

(4) Ravindra Pralhadrao Khare Vs. State of Maharashtra and Others, (2013) 3 ALLMR 644 : (2013) 4 MhLj 406

The petitioners'' caste claim, being relative from paternal side and similarly situated, we are inclined to grant.

Therefore, following order:-

ORDER

(a) All writ petitions are allowed in terms of respective prayer clause-(a);

(b) The respondents to issue certificate as early as possible preferably within eight weeks;

(c) Rule made absolute accordingly;

(d) No costs.