The High Court dismissed a writ petition challenging the rejection of the petitioner's caste certificate application. The Court held that the petitioner failed to prove caste identity and that the impugned order was based on facts appreciated by the lower authorities.
The writ petition is dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5711 OF 2008
Nazia Mohammad Tariq Shaikh. .. Petitioner Vs. State of Maharashtra & Ors. .. Respondents
Shri R.K. Mendadkar for the Petitioner. Ms M.P. Thakur, AGP for State.
CORAM : SWATANTER KUMAR, C.J. & A.P. DESHPANDE, J DATE : 17TH SEPTEMBER, 2008
P.C.
We have heard the learned Counsel appearing for the parties. The challenge in the petition is to the order passed by the Caste Certificate Scrutiny Committee dated 10th April, 2008. The primary contention raised by the learned Counsel appearing for the Petitioner is that the Committee has not considered the relevant evidence produced before it on record by the Petitioner. Further the contention raised is that in terms of a Division Bench judgment of this Court in Writ Petition No.4165 of 2007 delivered on 5th March, 2008 ( Shri Narayan Janu Pawar vs The Caste CertificateScrutiny Committee, Navi Mumbai & Ors. ), a show cause
: 1 :
notice was expected to be given to the Petitioner before the Committee proceeded to reject the recommendations made by the Vigilance Committee in its Report dated 20th December, 2007.
impugned order, it has specifically been noticed as under:-
“Applicant has no evidence towards caste/occupation of Jullah. There is no eye witness evidence to show that any of the relatives are doing this occupation and there is no such remarks in the vigilance cell report. Caste claim cannot be proved simply from statements of three witnesses. Therefore by furnishing copy of report of vigilance cell, show cause notice dated 2-22008 was issued to submit evidence towards caste.”
the Petitioner, the Committee concluded that “in the instant case, there is only entry as Musalman in the school leaving certificate of father. There is no evidence showing caste entry as Jullah other than caste certificate in the evidence annexed by the applicant.” While rejecting the Report of the Vigilance Cell, the Committee noticed that except recording the statements of three persons who are also the local villagers of the Applicant, no documentary or substantial evidence was noticed by the Vigilance Committee
: 1 :
suggesting that the Petitioner belonged to Jullah caste. We may also notice that the Government Circular dated 22nd July, 1996 is of no assistance to the Petitioner in as much as it only provides guidelines for examining the cases for grant of caste certificate/validity caste certificate where the Applicant is Muslim. It no way directs that every Muslim of that area would be recognized as Other Backward Class.
CHIEF JUSTICE
A.P. DESHPANDE, J
3 issues framed by the court
Whether the Caste Certificate Scrutiny Committee acted without issuing a show cause notice when rejecting the Vigilance Committee's report.
Whether the High Court can interfere with the findings of the Caste Certificate Scrutiny Committee on appreciation of evidence under writ jurisdiction.
Whether the petitioner was entitled to a caste certificate based on evidence that was deemed insufficient by the Committee.
Colour shows how this judgement treated each authority
Shri Narayan Janu Pawar vs The Caste Certificate Scrutiny Committee, Navi Mumbai & Ors.Explained¶7
Writ Petition No.4165 of 2007
1 provisions across 1 enactments
Nazia Mohammad Tariq Shaikh
State of Maharashtra
Swatanter Kumar
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
