Bombay High CourtWP/2369/2022dismissed

Mohammad Ashique Mohammad Yusuf v. State Of Maharashtra, Thr. Its Secretary, Dept. Of Social Welfare, Mumbai And Others

2024-10-14Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

2024:BHC-NAG:11475-DB 29-A. WP 2369 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2369/2022 Mohammad Ashique Mohammad Yusuf ...Versus...

State of Maharashtra, through its Secretary, Department of Social Welfare, Office at Mantralya, Mumbai - 400 032 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. O.Y. Kashid, Advocate for petitioner Mr. I.J. Damle, AGP for respondent nos.1 and 3 Ms S.R. Wagh, Advocate h/f Mr. B.N. Jaipurkar, Advocate for respondent Nos.2 & 4 CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATE : 14/10/2024 The petition questions the decision of the Caste Scrutiny Committee dated 17/02/2022, whereby the claim of the petitioner of belonging to Tadvi Scheduled Tribe has been rejected. One of the grounds for rejection is that the petitioner had converted himself to Muslim religion. The conversion of the petitioner is not disputed by the learned counsel for the petitioner. This is also disclosed from Ground - I and J of the petition (pg.12). He, however, contends that in spite of the conversion, the tribal status of the petitioner, which was earlier in existence, continues. It is also an admitted position that there is no Tadvi Tribe in Muslims, which has been granted a

29-A. WP 2369 of 2022.odt tribal status by the Presidential Order, in view of which, in our considered opinion, since the tribal status does not carry forward on account of conversion of the change of religion, we do not see any reason to interfere in the impugned decision of the Caste Scrutiny Committee. The writ petition is dismissed. No order as to costs.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Wadkar