Vaibhav Kanhaiya Aherwal v. District Caste Certificate Scrutiny Committee, Akola, Thr. President

2025:BHC-NAG:3653-DB ORDER DATED 07/04/2025 1 21-wp 6991.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6991 OF 2024 ( Vaibhav Kanhaiya Aherwal vs. District Caste Certificate Scrutiny Committee, Akola ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions Court's or Judge's order and Registrar's orders.

Mr. P.S.Uparwat, Advocate for the petitioner. Mr. J.Y.Ghurde, Assistant Government Pleader for respondent. CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

ATE : APRIL 07, 2025 1) The petition challenges the decision of the respondent Caste Scrutiny Committee dated 20/03/2024 (page 32) by which the caste claim of the petitioner of belonging to 'Mochi' Scheduled Caste, has been turned down.

2) According to the learned Assistant Government Pleader, the reason for denying the claim is that the school leaving certificate of the grandfather of the petitioner, bears the name Nandu s/o Mohan (page 80) instead of Nandlal as indicated in the genealogy submitted by the petitioner (page 26 of the Record & Proceedings). In some places, it is not disputed that the suffix 'lal' is an honorific suffix, and therefore, merely because the genealogy tree submitted by the petitioner has the suffix 'lal' after the name Nandu that by alone, cannot be a ground to discard the entry regarding school leaving certificate of Nandu s/o Mohan which is of the year 13/10/1950 (page 80) which indicates that the he was admitted in School on 16/07/1948 and shows the caste as 'Mochi'. There is also an entry of a male son being born to Mohandevi Mochi, who is the father of Nandu, which entry is dated 22/02/1923 (page 56). It

ORDER DATED 07/04/2025 2 21-wp 6991.2024.doc is also not disputed that on 21/06/2016 (page 57) a validity has been granted to Manisha D/o Suresh the cousin sister of the petitioner. The grant of validity to Manisha as well as the relationship of Manisha, with the petitioner, is not disputed by the learned Assistant Government Pleader, as the same is reflected in the affidavit dated 30/05/2023 filed by the petitioner. That being the position, we do not see any reason to sustain the impugned decision dated 20/03/2024 of the respondent Caste Scrutiny Committee (page 32). The same is hereby is quashed and set aside. The petition is allowed by directing the respondent Committee to issue validity certificate in favour of the petitioner of belonging to 'Mochi' Scheduled Caste (Sr.No.11) within two weeks from today. The Record and Proceedings be returned back. No costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 07/04/2025 19:26:26