Case Note & Summary
The petitioner, Phulrenu Harilal Chauhan, filed a writ petition before the Bombay High Court challenging the refusal of Respondent No. 2, the District Caste Certificate Scrutiny Committee, Mumbai City, to issue a Scheduled Caste certificate as 'Mochi' to her children. The refusal was based on the ground that the petitioner's forefathers were not residents of the State of Maharashtra on the cut-off date of 10th August 1950, as stipulated in Section 2(e) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012. The petitioner's father, Harilal Maganlal Chohan, had a school leaving certificate from Alfred High School, Bhavnagar, showing his admission on 5th April 1943 and leaving on 31st May 1947. The Court found that this document was a pre-1950 document indicating the ordinary residence of the petitioner's father prior to the cut-off date. The Court held that the Competent Authority, designated for the State of Maharashtra, having jurisdiction over a limited area within the district, would also be the Competent Authority for that area on 10th August 1950. The Court set aside the impugned orders and directed Respondent No. 2 to issue the caste certificate to the petitioner's children within four weeks. The petition was allowed.
Headnote
A) Caste Certificate - Scheduled Caste - Mochi - Permanent Residence - Deemed Date - The issue was whether the petitioner's children are entitled to a Scheduled Caste certificate as 'Mochi' despite the Scrutiny Committee's finding that the petitioner's forefathers were not residents of Maharashtra on the cut-off date of 10th August 1950. The Court held that the school leaving certificate of the petitioner's father, issued by Alfred High School, Bhavnagar, showing admission on 5th April 1943 and leaving on 31st May 1947, is a pre-1950 document indicating ordinary residence prior to the cut-off date, and thus the refusal was unsustainable. (Paras 3-5) B) Caste Certificate - Rules, 2012 - Rule 3 - Competent Authority - The Court interpreted Rule 3 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, which allows issuance of a caste certificate to an applicant who is a permanent resident of the concerned area on the deemed date. The Court held that the Competent Authority for the State of Maharashtra having jurisdiction over a limited area within the district would also be the Competent Authority for that area on 10th August 1950. (Para 4)
Issue of Consideration
Whether the refusal of the District Caste Certificate Scrutiny Committee to issue a Scheduled Caste certificate to the petitioner's children on the ground that the petitioner's forefathers were not residents of Maharashtra on the cut-off date of 10th August 1950 is sustainable in law.
Final Decision
The impugned orders are set aside. Respondent No. 2 is directed to issue caste certificate to the petitioner's children within four weeks. Rule made absolute. Petition allowed.
Law Points
- Caste certificate
- Scheduled Caste
- Mochi
- permanent residence
- deemed date
- 10th August 1950
- school leaving certificate
- pre-1950 document
- Maharashtra Scheduled Castes
- Scheduled Tribes
- De-Notified Tribes
- Nomadic Tribes
- Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules
- 2012
- Rule 3
- Section 2(e)
