Shaikh Aijas Shaikh Maheboob v. The State Of Maharashtra And Another

2025:BHC-AUG:29436-DB

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 939 WRIT PETITION NO. 12338 OF 2025 Shaikh Aijas Shaikh Maheboob

VERSUS

The State Of Maharashtra And Another ...

Advocate for the Petitioner : Mr. Pathan Tahiwarkhan Wajeedkhan AGP for Respondents-State: Mr. S. B. Pulkundwar ...

CORAM

: R. G. AVACHAT & ABASAHEB D. SHINDE, JJ.

Dated : OCTOBER 08, 2025 PER COURT : - 1.

The petitioner's caste claim has been rejected merely on the ground that, in the application, the petitioner did not disclose the purpose for which the validation of his caste certificate is required, as per Section 6(2) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. 2.

It is true that, in view of the provisions of Section 6(2) of The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, After obtaining the Caste Certificate from the Competent Authority, any person desirous of availing of the benefits or concessions provided to the Scheduled Castes, Scheduled Tribes, DePage 1 of

939 WP 12338-2025 notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in section 3 may make an application, well in time, in such form and in such manner as may be prescribed, to the concerned Scrutiny Committee for the verification of such Caste Certificate and issue of a validity certificate. The Section, however, cannot be negatively interpreted so as to mean that a person who is not desirous of availing benefits, though belonging to any of those categories, is debarred from making an application for obtaining a caste certificate and validation thereof.

3.

The Scrutiny Committee has turned down the petitioner's claim on too technical reasons. Interference is, therefore, warranted in the impugned order. The petition is, therefore, allowed. The Caste Scrutiny Committee shall give the petitioner full opportunity to establish his/her claim and shall decide the same on merits within a time frame of eight months from the receipt of a copy of this order. 4.

With the observations as above, the petition is disposed of. ( ABASAHEB D. SHINDE, J. ) ( R. G. AVACHAT, J. ) vj gawade/-.

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