Disposed

Shaikh Sana Najmin Masid v. the State of Maharashtra through Secretary and Others

Bombay HC2 May 2024WP/3387/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought to have 'Muslim' entered as her caste in her school record. The High Court held that 'Muslim' is a religion, not a caste, and refused to make such an entry as no ancestral records were produced. However, allowing deletion of the word 'Phulari', it directed the Headmaster to record her religion as Muslim upon request.

What did the court decide?

Petition disposed of with liberty to approach the Headmaster to delete 'Islam Phulari' from the caste column and record religion as Muslim.

Shaikh Sana Najmin Masid Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2024)

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2024:BHC-AUG:9504-DB

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902-WP-3387-2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

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WRIT PETITION NO. 3387 OF 2024

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Shaikh Sana Najmin Masid

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VERSUS

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The State Of Maharashtra
Through Secretary And Others

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...

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Ms. J. R. Nawale, Advocate for the Petitioner
Mr. S. B. Narwade, AGP for Respondents

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...

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CORAM:RAVINDRA V. GHUGE &
R. M. JOSHI, JJ
DATE:MAY 02, 2024

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PER COURT :

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1.On 01.04.2024, after hearing the learned

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Advocate for the Petitioner, we had passed the
following order:

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1.The Petitioner desires that her caste
be shown as Muslim. Her father's school
record shows his caste as Muslim. We are
not convinced. Muslim cannot be a caste. It
is a religion. Merely because, the
Petitioner desires that a particular entry
be made in her record, such request cannot
be accepted. Similarly, a change published
in the Maharashtra Gazette on such lines,
would also be inconsequential.

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2.The Petitioner will have to research
on the old records of her grand father,
great grand father, paternal relatives etc.
The learned Advocate for the Petitioner
submits that she would collect such records
and produce it before the Court.

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Page 1 of 3

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902-WP-3387-2024.odt

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3.List this Petition in the 'fresh
admissions' category on 17th April, 2024, so
as to enable her to produce the old records
of her grand father, great grand father and
similar records of the paternal side.

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2.The learned Advocate for the Petitioner

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candidly submits that the Petitioner does not have any
record of her grandfather, great grandfather or
ancestors, except the school certificate of her father
which indicates his caste as ‘Muslim’. She frankly
submits that though she took time from the Court and
had called upon her client to find out and dig into the
records so as to bring some document before the Court,
the Petitioner is unable to bring any record as her
father was unable to trace out any documents.

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3.The Petitioner’s request to her Headmaster is
that it should be declared that she belongs to Muslim
Caste and the word ‘Phulari’ written in brackets in her
school record should be removed as the same is not
found in the records of her father Shaikh Majid or her
brother Shaikh Danish.

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4.Since this Court cannot declare that, a person
professing the Mohammedan religion belongs to ‘Muslim

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Page 2 of 3

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902-WP-3387-2024.odt

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caste’, since Muslim is a religion and as there is no
record before us, save and except, the entry ‘Phulari’
in the record of the Petitioner, it would not be
possible to pass any such order.

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5.The learned Advocate for the Petitioner
submits, on instructions, that as the word “Phulari” is

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not found in the father’s record and her brother’s
record, the words “Islam Phulari” be deleted from her
school record and she is comfortable with the
declaration that she belongs to the Muslim Religion.

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6.In view of the above, this Petition is

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disposed off with liberty to the Petitioner to approach
the Headmaster of Chhatrapati Sambhajinagar Municipal
Corporation School, Begumpura for deletion of words
“Islam Phulari” from the caste column. The said request

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may be accepted by recording the religion of the
Petitioner as Muslim which she desires.

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Malani

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Page 3 of 3

Shaikh Sana Najmin Masid v. the State of Maharashtra through Secretary and Others

Case brief

What is this about?

What did the court decide?

Shaikh Sana Najmin Masid v. the State of Maharashtra through Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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