Mohd. Shabir Shaikh Hatam v. District Caste Scrutiny Committee, Amravati Division, Amravati Thr. Member Secretary

2025:BHC-NAG:7606-DB 1 10-WP-J-WP-7118-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 7118 OF 2022 PETITIONER :

Mohd. Shabir Shaikh Hatam, Aged about 52 years, Occ. Private Job, R/o Achalpur, Dulhar Gate, Dist. Amravati.

V E R S U S RESPONDENT :

District Caste Scrutiny Committee, Amravati Division, Amravati, through its Member Secretary, Amravati.

------------------------------------------------------------------------------------------- Shri V. R. Choudhari, Advocate for petitioner. Mrs. S. V. Kolhe, AGP for respondent-sole.

------------------------------------------------------------------------------------------- CORAM: SMT. M. S. JAWALKAR AND PRAVIN S. PATIL, JJ.

DATE : 04/08/2025.

ORAL JUDGMENT : (PER : PRAVIN S. PATIL, J.) 1.

Rule. Rule made returnable forthwith. By consent of learned Counsel for the parties, the matter is taken up for final disposal.

2.

By the present petition, the petitioner is challenging the order dated 25/05/2022 passed by the respondent - committee, whereby the caste claim of the petitioner belonging to caste "Pinjari" is rejected.

2 10-WP-J-WP-7118-2022.doc 3.

During the course of hearing, it is brought to our notice that the respondent - committee by order dated 26/09/2023 granted Caste Validity Certificate to the daughter of petitioner namely; Tahrim Fatema Mohd. Shabbir belonging to the caste "Pinjari", which is recognized as Other Backward Class. 4.

It is thus clear that once daughter's caste claim is validated by considering the documents and other criteria, the father is also entitled for the same benefit. The entire documents and evidence relied in the case of daughter is applicable to the father's case. Hence, relying on the law laid down by this Court in the case of Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and others, reported in 2010

(6) Mh.L.J. 401, we are of the considered opinion that petitioner is also entitled for the caste validity to the caste belonging as "Pinjari".

55.

We find that the order passed by the respondent - committee is bad in law and liable to be quashed and set aside. Accordingly, we pass the following order :-

ORDER

i] The writ petition is allowed.

3 10-WP-J-WP-7118-2022.doc ii] It is hereby declared that the petitioner is belonging to Caste "Pinjari", which is recognized as Other Backward Class.

iii] The respondent - committee is directed to issue Caste Validity Certificate to the petitioner within four weeks.

iv] Rule is made absolute in above terms with no order as to costs.

[PRAVIN S. PATIL, J.] [SMT. M. S. JAWALKAR, J.] Choulwar