Savita Magar Mirge vs Scheduled Castes, Vimukta Jatis, Nomadic Tribes, Other Backward Class and Special Backward Category Divisional Caste Certificate Scrutiny Committee and Others

Rule. Rule made returnable forthwith and heard finally by consent. By the present petition, the petitioner is seeking quashment of the judgment and order, dated 13-06-2011, passed by Respondent No. 1 - Caste Certificate Scrutiny Committee whereby the caste certificate of the petitioner, showing that she belongs to "Koli -a Special Backward Category" was invalidated. The petitioner further seeks declaration that she belongs to the said caste.

The Vigilance Cell Report as well as number of documents including the Caste Validity Certificate of the petitioner''s father were submitted before the Committee, showing that the petitioner belongs to "Koli" caste. However, in the school record of the petitioner and her brother, they are respectively shown as belonging to "Maa-Koli" and "Ma-Koli".

The Respondent No. 1 -Scrutiny Committee concluded that caste "Koli" which was earlier included in Other Backward Classes is now notified as Special Backward Category since 13th October, 1967 while "Mahadeo-Koli" is a separate caste. The Respondent No. 1 further concluded that there is discrepancy between the entry of the caste made in the school record of the petitioner and her brother, claimed by the petitioner, on one side and the entry of the caste made in the documents including the Caste Validity Certificate of the petitioner''s father and her near relatives'' caste. In view of these findings, the caste certificate issued in favour of the petitioner was held Invalid.

It is to be noted that catena of the documents shows that the petitioner''s near relatives including her father belong to "Koli" caste. Even the caste certificate of her father is validated by the Scrutiny Committee. The school record of the petitioner''s mother of the year 1974 shows that she belongs to "koli" caste. In that view of the matter, merely because certain letters are added before the caste of the petitioner and her brother in the school record as "Maa" or "Ma" (?) would not lead to invalidate the claim of the petitioner. In this view of the matter, it would not be necessary to remand the case to the Respondent No. 1 Committee for re-consideration of the petitioner''s claim since all the material in support of the petitioner''s claim was placed before the Committee. In the circumstances, therefore, the petition will have to be allowed. In the result, the Writ Petition is allowed in terms of prayer clauses "B" and "C". The Respondent No. 1 Committee is directed to issue Caste Validity Certificate in favour of the petitioner showing her as belonging to "Koli - Special Backward Category", within a period of one month from today. Rule is made absolute in the above terms.