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Judgment
Heard learned counsel Ms Radha Mishra for the petitioner and learned Assistant Government Pleader for the respondent. Rule. Rule returnable forthwith. Heard finally by consent.
By this petition, the petitioner challenges order dated 17.5.2023 passed by the respondent - The District Caste Certificate Scrutiny Committee, through its Member Secretary and Research Officer, Washim (the respondent – Committee) thereby invalidating his caste claim as belonging to “Kachhi Other Backward Classes (OBC).”
As per contentions of the petitioner, he belongs to caste “Kachhi” recognized as Other Backward Classes in relation to the State of Maharashtra on 13.10.1967. He has completed his education and now searching a Government Job and, therefore, he is in need of Caste Validity Certificate as he wants to apply in OBC Category. On 23.2.2022, the respondent – Committee received his proposal through Headmaster of Sree Somanath College for Caste Validity Certificate belonging to “Kachhi OBC.” On 21.2.2022, for education purpose, he submitted his application along with related documents belonging to ‘Kachhi OBC” before the respondent – Committee for verification of his Caste Certificate issued to him by the Sub Divisional Officer at Karanja on 11.1.2022. It is contended by the petitioner that though he has submitted documents of his relatives prior to cut-off date i.e. 13.10.1967, thereafter also, the respondent – Committee has not considered his caste claim and invalidated the caste claim. It is further contended that cousin brother of the petitioner Faizan is already granted Caste Validity Certificate, but this aspect was also not considered by the respondent – Committee and ignoring the oldest documents prior to the cut-off date as well as ignoring fact that the cousin brother is already granted Caste Validity Certificate, the claim of the petitioner was invalidated and hence this petition.
Learned counsel for the petitioner submitted that the petitioner relied upon the oldest entries in the name of one Haroon s/o Abdul Sattar Suleman who was recorded as “Kachhi” on 22.2.1956 i.e. prior to the cut-off date.
He has also invited our attention towards the family tree which shows that Abdul Sattar Suleman is grandfather of the petitioner who was having three sons Abdul Gani, Mohd.Haroon, and Mohd.Iqbal. Said Abdul Gani is having two sons Salim and Ameen. The petitioner is the son of said Ameen. The son of Salim is already issued Caste Validity Certificate by the respondent – Committee.
Thus, it is submitted by learned counsel for the petitioner that one of family members is already granted Caste Validity Certificate and, therefore, in view of decision in the case of Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee, reported in (2010) 6 Mah LJ 401, the case of the petitioner is covered and thus the order passed the respondent – Committee is arbitrary, illegal, and liable to be quashed and set aside.
In response to the said submissions, learned AGP the respondent filed his reply and submitted that there are contrary entries as one of family members of the petitioner was only recorded as “Muslim” and not recorded as ‘Kachhi.” He further invited our attention towards the entry which was recorded in the school which shows that Ameen Abdul Akbani was recorded as “Muslim”. Thus, he submitted that both documents nowhere disclose that the petitioner belongs to “Kachhi”. He submitted that as far as Caste Validity Certificate granted to the cousin brother is concerned, it was placed before the respondent – Committee and, therefore, question of considering that aspect does not arise and hence the order passed by the respondent – Committee is proper and legal and, therefore, the writ petition being devoid of merits is liable to be dismissed.
On hearing both sides and perusing the record, it reveals that the petitioner mainly relied upon the birth entry of Abdul Sattar Suleman who was recorded as “Kachhi” on 22.2.1956 who according to family tree is grandfather of the petitioner. The birth entry regarding son of Abdul Sattar Suleman namely Haroon who was also shown in the family tree. Said Abdul Sattar Suleman Kachhi while taking entry of his son was recorded as “Kachhi.” Thus, there is document on record showing that prior to the cut-off date i.e. 30.10.1967 family members i.e. forefathers of the petitioner were recorded as “Kachhi.”
As per the contention of learned AGP for the respondent, regarding the entry of one of family members i.e. Ameen Abdul Gani Akbani who was recorded as “Muslim” is concerned, admittedly, in catena of decisions, this aspect is clear and it is held that Muslim is not caste, but it is religion.
Learned counsel for the petitioner placed reliance on the decision in Writ Petition No.4423 of 2023 (Fatima Hamid Menon d/o Haroon Hamid Menon vs. District Caste Scrutiny Committee, Akola and ors) decided by this court on 5.4.2024 wherein this aspect is considered and it is held that the scrutiny committee erroneously held that the petitioner belongs to Muslim as Muslim is not caste, but it is religion. It is specifically held by this court that there is no dispute about the family tree. There is already certificates issued by the scrutiny committee in favour of Fatima and Ayesha. Fatima is cousin of Ayesha and documents produced in support of the claim reveal that there are as many as 12 documents wherein father, brother, cousin grandfather, and great grandfather all are shown as “Kachhi”. In some documents, after 1970, it is written as Muslim. However, Muslim is a religion and not caste. It is further considered by this court that caste scrutiny committee in spite of the fact that documents referring the case on the paternal relative of the petitioner as “Kachhi” cannot interpret it differently and came to erroneous conclusion that “Kachhi” is already included in the list of OBC at serial No.85.
In the light of the above observations, in the present case also, there is document of grandfather of the petitioner Abdul Sattar Suleman Kachhi who was recorded as “Kachhi” and that is the document of prior to the cut-off date and, therefore, it has greater probative value and it requires to be considered by the respondent – Committee. Moreover, the facts on record show that one of cousins is already granted Caste Validity Certificate.
In the case of Apoorva d/o Vinay Nichale (supra), it is held that, “we thus came to the conclusion that when during the course of enquiry candidate submits a caste validity certificate granted earlier certifying that blood relation of the candidate belongs to the same caste as that claimed by the applicant, the committee may grant such certificate without calling for Vigilance Cell Report. However, if the committee finds that earlier caste certificate is tainted of fraud or is granted without jurisdiction, the Committee may refuse to follow and may refuse to grant certificate to the applicant before it.”
In the present case, the Caste Validity Certificate was already issued to the cousin brother of the petitioner. It is nowhere contention of the respondent – Committee that earlier Caste Validity Certificate was obtained by fraud or without jurisdiction. As there is no observation that earlier Caste Certificate is vitiated by fraud or without jurisdiction, the respondent – Committee cannot refuse to grant Caste Validity Certificate in favour of the petitioner. It is evident that the Caste Validity Certificate granted to the real brother of the petitioner is on the basis of vigilance documents on which the petitioner relied upon. The same ratio is laid down by this court in the case of Kumari Shah Nida Afrin Nawab Nizamuddin vs. State of Maharashtra and ors, reported in 2021 SCC OnLine Bom 11812 wherein also the judgment of Apoorva d/o Vinay Nichale (supra) was referred.
The sum and substance of the entire material on record shows that the entry in the name of the petitioner’s grandfather has probative value and, therefore, the impugned order passed by the respondent – Committee is illegal and liable to be quashed and set aside. Hence, we proceed to pass following order:
ORDER
The Writ Petition is allowed.
The order dated 17.5.2023 passed by the respondent -The District Caste Certificate Scrutiny Committee, Washim is hereby quashed and set aside.
It is declared that the petitioner belongs to “Kachhi OBC.”
The respondent – Committee shall issue the Caste Validity Certificate to the petitioner within a period of eight weeks from the date of receipt of writ of this order.
Petition is disposed of. Rule is made absolute accordingly. No costs.