Allowed

Shaheen Altaf Dhakwala v. District Caste Certificate Scrutiny Committee, Chandrapur

Bombay HC15 Dec 2022WP/8023/2019

Case brief

AI extract

What is this about?

The High Court of Nagpur allowed a writ petition challenging the invalidation of a caste certificate validity claim. The court set aside the impugned order and directed the District Caste Scrutiny Committee to issue a validity certificate to the petitioner, relying on precedents regarding similar family claims.

What did the court decide?

Set aside the order dated 29.07.2019 and directed the District Caste Scrutiny Committee to issue a validity certificate to the petitioner.

Shaheen Altaf Dhakwala Vs District… — Constitutional and Fundamental Rights | Bombay HC (2022)

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23.wp.8023.2019.judgment.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO. 8023 OF 2019

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Shaheen Altaf Dhakwala, Aged about 21 years, Occupation-Student, R/o. Shriram Ward, Ballarpur, Near Bazar Chowk, Ballarpur, Tahsil-Ballarpur, District-Chandrapur.

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... PETITIONER

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// VERSUS //

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District Caste Certificate Scrutiny Committee, Babasaheb Ambedkar Samajik Nyaya Bavan, Near Shashkiya Doodh Dairy, Jalnagar, Chandrapur-552 401.

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... RESPONDENT

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Shri. Abdul Subhan, Advocate for petitioner. Ms. Kalyani Deshpande, AGP for the respondent.

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CORAM : SANDEEP K. SHINDE AND

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MRS. VRUSHALI V. JOSHI, JJ. RESERVED ON : 12/12/2022 PRONOUNCED ON : 15/12/2022

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JUDGMENT : [ PER: MRS. VRUSHALI V. JOSHI, J.]

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Rule . Rule made returnable forthwith. Heard finally by

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consent of the learned counsel appearing for the parties.

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The challenge in this petition, is to order dated 29.07.2019 passed by the District Caste Scrutiny Committee, Chandrapur inter alia invalidating the claim of the petitioner for “Kachi” – Other Backward Class category, as notified, on 13.10.1967. The Committee, while invalidating the caste claim, has observed that the applicant has failed to prove her claim regarding the ordinary residence of her forefathers/grandfather in Chandrapur Sub-division on deemed date i.e. 13.10.1967. Therefore, the caste certificate issued by the Competent Authority is without jurisdiction. Same authority has issued the cast certificate to real brother of father of petitioner and Committee has issued validity certificate to him on 03.11.2011. Thus, we need not go into the findings recorded by the Committee on that aspect, for the simple reason that the petitioner’s real paternal uncle’s claim for the ‘Kachi’ caste has been validated on 03.11.2011, which Committee has not found, tainted by fraud or granted without jurisdiction. In context of facts of the case and issue, the learned counsel for the petitioner relies on the decisions in Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee, 2010(6) Mh.L.J. 401 and Sangita Madan Ingle Vs. Vice Chairman/Joint Commissioner, Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati and another, Writ Petition No.1009 of 2017 , to contend that in absence of findings

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regarding broad mis-epresentation in issuance of caste validity certificate in the name of blood relatives, there cannot be different conclusion than one that the petitioner is entitled to get the validity certificate in her favour.

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In view of the above, we set aside the impugned order dated 29.07.2019 and direct the District Caste Scrutiny Committee, Chandrapur to issue validity certificate to the petitioner.

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Rule is made absolute in aforesaid terms.

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Petition is disposed of.

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(MRS. VRUSHALI V. JOSHI, J.) (SANDEEP K. SHINDE, J.)

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Gulande

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Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur Signing Date:16.12.2022 12:22

Shaheen Altaf Dhakwala v. District Caste Certificate Scrutiny Committee, Chandrapur

Case brief

What is this about?

What did the court decide?

Shaheen Altaf Dhakwala v. District Caste Certificate Scrutiny Committee, Chandrapur

Case brief

What is this about?

What did the court decide?

What the court decided

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