Firdous Sultana M. Jilani Qureshi v. The State Of Maharashtra And Another

2026:BHC-AUG:255-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 91 WRIT PETITION NO. 12336 OF 2025 FIRDOUS SULTANA M. JILANI QURESHI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for the Petitioner : Adv. U. T. Pathan h/f Mr. T.W. Pathan AGP for Respondent/State: Mr. P.K. Lakhotiya ...

CORAM :

SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : JANUARY 5, 2026 ORDER:- 1.

Heard.

2.

Rule. Rule made returnable forthwith. With the consent of the parties heard finally at the stage of admission. 3.

By this Writ Petition, the petitioner is taking exception to the order dated 24.04.2025 passed by respondent No.2/ Caste Scrutiny Committee rejecting the application of the petitioner seeking verification of his caste claim on the ground that the petitioner has not mentioned the purpose, for which the petitioner is seeking verification of his caste claim.

4.

We have perused the impugned order. Considering the provisions of Section 6(2) of The Maharashtra Scheduled Castes,

(2) 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 there is no embargo of mentioning the reason for which, the candidate can seek verification of his caste claim.

5.

This Court has already taken a similar view in the case of Shaikh Aijas Shaikh Maheboob Vs. The State of Maharashtra and Another [(Writ Petition No. 12338 of 2025) decided on October 08, 2025] and has held thus :

" It is true that, in view of the provisions of Section 6(2) of The Maharashtra Scheduled Castes, Scheduled Tribes, Denotified 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, and person desirous of availing of the benefits or concessions provided to the Scheduled Castes, Scheduled Tribes, De-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

(3) benefits, though belonging to any of those categories, is debarred from making an application for obtaining a caste certificate and validation thereof."

In that view of the matter, we pass the following order.

O R D E R

(i) The impugned order dated 24.04.2025 passed by respondent No.2 is hereby quashed and set aside.

(ii) We direct respondent No.2/Committee to entertain the application submitted by the petitioner seeking verification of his caste claim and to decide the same on its own merits and in accordance with law, within a period of eight months from the receipt of a copy of this order.

(ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE YSK/