The High Court rejected a writ petition challenging a scrutiny committee’s order denying OBC status to the petitioner despite the word ‘Fakir’ or ‘Shah’ in old records, upholding the committee’s affinity test findings.
The writ petition was rejected with no 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.
wp3209.15
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3209 OF 2015 Mohsin Ahmad Shah s/o Ayyub Shah
..vs..
State of Maharashtra, thr its Secretary, Department of Social Welfare, Mantralayal, Mumbai and anr
....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders
Court's or Judge's Order
Shri V.R. Choudhari, counsel for the petitioner. Shri N.S. Rao, AGP for the respondents.
CORAM : B.P. DHARMADHIKARI & KUM. I.K. JAIN, JJ. DATED : JUNE 17, 2016.
Heard learned counsel Shri V.R.Choudhari for the petitioner and learned Assistant Government Pleader Shri N.S. Rao for the respondents.
Learned counsel Shri Choudhari for the petitioner has sought time to place on record later Government Resolution by which the State Government has asked the competent authority to issue caste certificate to those whose old records mentioned word “Fakir” or “Shah” after the name.
Learned Assistant Government Pleader Shri N.S. Rao for the respondents submits that here order of the scrutiny committee does not suffer from any jurisdictional error.
We have accordingly perused order of the
.....2/-
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scrutiny committee. The scrutiny committee has found that “Fakir” is recognized as “ Other Backward Classes ” while “Chapparband” is recognized as “Vimukta Jati”. It has further found that after application of affinity test, the caste of the petitioner is found closer to “Fakir” and the characteristics of “Chapparband” are not met with.
In view of this specific finding, occurrence of word “Fakir” in old documents by itself cannot be decisive. Similarly, if in the name “Shah” has been used as suffix, that also cannot be determinative.
The scrutiny committee has considered all these aspects and its conclusion does not appear to be erroneous or perverse.
The writ petition is rejected. No costs.
JUDGE JUDGE
!! BRW !!
...../-
1 issue framed by the court
Whether the word ‘Fakir’ or ‘Shah’ in the petitioner’s old name records makes him a decider of OBC status against the scrutiny committee’s affinity test finding.
Mohsin Ahmad Shah
State of Maharashtra
B.P. Dharmadhikari
Kum. I.K. Jain
As recorded by the court registry
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