Adiba Fatema D/O. Zakir Ali Ahemad v. The State Of Maharashtra, Thr. Secretary, Tribal Welfare Dept., Mumbai And ANR

2025:BHC-NAG:12972-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.8232 OF 2022 Adiba Fatema D/o Zakir Ali Ahemad Aged about 22 years, Occ: Student, R/o Ahmed House, Habib Nagar No.1, Walgaon Road, Tq. Dist. Amravati. ...PETITIONER .

....V E R S U S...

1. The State of Maharashtra, Through its Secretary, Tribal Welfare Department Mantralaya, Mumbai-32.

2. District Caste Verification and Scrutiny Committee Amravati Division, Amravati Through its Chairman/Member.

...RESPONDENTS ------------------------------------------------------------------------------------------- Shri S.S. Dhengale, Advocate for petitioner.

Ms H.N. Jaipurkar, Assistant Government Pleader for respondents. ------------------------------------------------------------------------------------------- CORAM : SMT. M.S. JAWALKAR & M.W. CHANDWANI, JJ. DATE : 24.11.2025 ORAL JUDGMENT: (Per : M.W. Chandwani, J.) 1.

Rule. Rule made returnable forthwith. Heard finally with the consent of both the parties.

2.

The petition challenges the order dated 09.08.2021 passed by the respondent no.2 - District Caste Verification and Scrutiny Committee, Amravati (for short "Committee") invalidating the caste claim of the petitioner.

3.

Having heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader, we are of the considered opinion that the petition can be disposed of in wake of the validity certificate granted to Asra Fatema D/o Zakir Ali Ahmed, the real sister of the petitioner, under the dictum of this Court in Writ Petition No.920/2021. The learned Assistant Government Pleader did not dispute this factual aspect; rather, she concedes that since the real sister has been granted validity certificate, the petitioner is also entitled for the same relief. 4.

In wake of the validity certificate granted to the sister of the petitioner and in terms of the mandate as laid down in decision of the Apoorva D/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No.1 and others 1, we are of the opinion that the order of rejection of the caste claim of the petitioner does not sustain and therefore, it is required to be set aside. Accordingly, we pass the following order:

5.

The writ petition is allowed.

6.

The impugned order dated 09.08.2021 passed by the respondent no.2 - District Caste Verification and Scrutiny Committee, Amravati in Case No.JJPPS/Amravati S./ AFZAA/6063 /2020 dated 24.10.2021 is hereby quashed and set aside. 2010 (6) MhLJ 401

7.

It is hereby declared that the petitioner belongs to Chhaparband, Vimukta Jati (A).

8.

The respondent no.2- Committee is directed to issue Validity Certificate to the petitioner within two months from the date of receipt of this order.

Rule is made absolute in the abovesaid terms. No order as to costs.

(M.W. CHANDWANI, J.) (SMT. M.S. JAWALKAR, J.) Wagh