Case Note & Summary
The petitioner, Prabhakar Dnyanoba Shinde, challenged an order dated 01.04.2013 passed by the Divisional Caste Scrutiny Committee No. 2, Latur, which invalidated his caste claim as 'Mahar' (Scheduled Caste). The petitioner's forefathers were originally residents of Chandeshwar, Aurad, Bidar district, Karnataka. His father migrated to Ausa, Latur, Maharashtra in 1992, where the petitioner was born, brought up, and educated. In 2005, the Deputy Collector, Latur issued a caste certificate declaring him as belonging to 'Mahar' Scheduled Caste. Subsequently, his caste claim was referred to the Scrutiny Committee, which invalidated it solely on the ground that he was not an original resident of Maharashtra State. The petitioner sought quashing of the impugned order and a declaration that he belongs to 'Mahar' Scheduled Caste. The court, after hearing arguments, held that the caste status of a person is determined by the caste to which he belongs and not by the state of his origin. Since 'Mahar' is recognized as a Scheduled Caste in Maharashtra, the petitioner is entitled to the benefits of a Scheduled Caste certificate. The impugned order was quashed, and the petition was allowed.
Headnote
A) Caste Certificate - Scheduled Caste - Migration - Validity - Petitioner's caste claim as 'Mahar' (Scheduled Caste) was invalidated by Scrutiny Committee solely on ground that he was not original resident of Maharashtra - Court held that caste status is determined by caste and not by state of origin - Since 'Mahar' is recognized as Scheduled Caste in Maharashtra, petitioner is entitled to benefits - Impugned order quashed (Paras 1-5).
Issue of Consideration
Whether a person belonging to a Scheduled Caste in another state can be denied the benefits of a Scheduled Caste certificate in Maharashtra solely on the ground that he is not an original resident of Maharashtra State.
Final Decision
The impugned order dated 01.04.2013 passed by the Divisional Caste Scrutiny Committee No. 2, Latur is quashed. The petition is allowed.
Law Points
- Caste status is determined by caste and not by state of origin
- Scheduled Caste certificate cannot be denied solely on ground of not being original resident of the state
- Presidential Orders specifying Scheduled Castes are state-specific but caste status is portable for benefits in the state of migration if the caste is recognized in that state
Case Details
2020 LawText (BOM) (02) 13
Writ Petition No. 5858 of 2013
Sunil P. Deshmukh, B. U. Debadwar
Shri. Anandsing Bayas for petitioner, Shri. G. O. Wattamwar, AGP for respondent nos. 1 to 4
Prabhakar S/o. Dnyanoba Shinde
The State of Maharashtra, The Divisional Caste Scrutiny Committee No. 2, The Deputy Collector, Latur, The Director of Technical Education, The Principal, M.S. Bidve Engineering College
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Nature of Litigation
Writ petition challenging order of Caste Scrutiny Committee invalidating caste claim
Remedy Sought
Quashing of impugned order dated 01.04.2013 and declaration that petitioner belongs to 'Mahar' Scheduled Caste
Filing Reason
Caste Scrutiny Committee invalidated petitioner's caste claim on ground that he is not original resident of Maharashtra
Previous Decisions
Caste Scrutiny Committee passed order dated 01.04.2013 invalidating caste claim
Issues
Whether a person belonging to a Scheduled Caste in another state can be denied benefits of Scheduled Caste certificate in Maharashtra solely on ground of not being original resident of Maharashtra?
Submissions/Arguments
Petitioner argued that caste status is determined by caste and not by state of origin, and since 'Mahar' is recognized as Scheduled Caste in Maharashtra, he is entitled to benefits.
Respondents argued that petitioner is not original resident of Maharashtra and therefore not entitled to Scheduled Caste benefits in the state.
Ratio Decidendi
Caste status of a person is determined by the caste to which he belongs and not by the state of his origin. Since 'Mahar' is recognized as a Scheduled Caste in Maharashtra, the petitioner is entitled to the benefits of a Scheduled Caste certificate.
Judgment Excerpts
The petitioner has challenged the order dt. 01.04.2013 passed by the Scrutiny Committee, Latur, Aurangabad Division No. 2, by which his caste claim came to be invalidated.
After scrutiny, the Caste Scrutiny Committee, Latur, Aurangabad Division No. 2 invalidated the same by the impugned order dt. 01.04.2013 on the sole ground that he is not original resident of Maharashtra State, therefore, not entitled for taking the benefits as a person belonging to the Scheduled Caste in the State of Maharashtra.
Procedural History
Petitioner's caste claim was referred to Scrutiny Committee by Principal of Kumarswamy Mahavidyalaya, Ausa. Scrutiny Committee invalidated claim on 01.04.2013. Petitioner filed Writ Petition No. 5858 of 2013 before Bombay High Court, Aurangabad Bench. Heard on 28.01.2020 and judgment pronounced on 04.02.2020.
Acts & Sections
