Case Note & Summary
The petitioner, a student of 12th standard (Science Stream) at Shri Gadge Maharaj Vidyalaya and Junior College, Murtizapur, claimed to belong to the Mahar caste, which is a Scheduled Caste at Sr. No. 37 in the State of Maharashtra. Her college forwarded her caste claim for scrutiny to the District Caste Certificate Scrutiny Committee, Akola (respondent 2). She submitted various documents in support of her claim. However, on 13.04.2022, the Scrutiny Committee invalidated her caste claim primarily on two grounds: (i) she failed to produce caste claim documents prior to 1950, and (ii) during the affinity test, photos of Lord Jesus Christ and a portrait of Dr. Babasaheb Ambedkar were found in the prayer room of her house, indicating that she is a follower of the Christian religion. The petitioner challenged this order by way of a writ petition. The respondents filed a reply resisting the claim, stating that after receipt of the proposal, a show-cause notice was issued along with a Vigilance Cell report, and the petitioner was given an opportunity of hearing but failed to establish her caste claim. The traits, customs, and characteristics furnished by the petitioner did not match those of the Mahar caste, and she was following the Christian religion. The High Court observed that the mere possession of photos of Lord Jesus Christ and Dr. Ambedkar in the prayer room does not conclusively prove that the petitioner converted to Christianity. The court noted that the petitioner is a student and her caste claim was supported by documents. The Scrutiny Committee's order was based on conjectures and surmises. The court set aside the impugned order and directed the Scrutiny Committee to reconsider the petitioner's caste claim afresh, after giving her a reasonable opportunity of hearing, within a period of three months from the date of the order. The court also directed that the petitioner be permitted to continue her studies pending the fresh decision.
Headnote
A) Caste Certificate - Scheduled Caste - Mahar - Conversion to Christianity - Possession of Christian religious photos and portrait of Dr. Ambedkar in prayer room does not conclusively prove conversion to Christianity - The Scrutiny Committee cannot invalidate caste claim solely on such basis without positive evidence of conversion - Held that the order invalidating caste claim was unsustainable (Paras 3-6).
Issue of Consideration
Whether the possession of photos of Lord Jesus Christ and Dr. Ambedkar in the prayer room and alleged following of Christian religion can be the sole basis to invalidate the caste claim of a person belonging to Mahar Scheduled Caste.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 13.04.2022 passed by respondent 2, and directed the Scrutiny Committee to reconsider the petitioner's caste claim afresh, after giving her a reasonable opportunity of hearing, within a period of three months from the date of the order. The petitioner was permitted to continue her studies pending the fresh decision.
Law Points
- Caste certificate scrutiny
- Scheduled Caste status
- Conversion to Christianity
- Affinity test
- Burden of proof
- Mahar caste
