Case Note & Summary
The petitioner, Dr. Sadique Hussain Sheikh Azim Qureshi, filed a writ petition challenging a show cause notice dated 7.7.2010 issued by the Deputy Secretary, Government of Maharashtra, asking why he should not be reverted from the post of Deputy Commissioner (Animal Husbandry) to Live Stock Development Officer, as he could not produce a caste validity certificate and being a Muslim, he was not entitled to Scheduled Caste benefits. The petitioner claimed to belong to the 'Bahana' caste, which is enlisted as a Scheduled Caste, and had obtained a caste certificate in 1988 from the Competent Authority. However, the certificate did not mention his religion, though his name suggested he was Muslim. The petitioner argued that the show cause notice was not tenable because the validity of the caste certificate could only be decided by the Caste Scrutiny Committee under the Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes (Vimukta Jati) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The respondents, represented by the Additional Government Pleader, submitted that the interim stay order was not served on them, and they had issued an order of reversion on 29.7.2010. The Court examined Clause 3 of the Constitution (Scheduled Castes) Order, 1950, which provides that only persons professing Hindu, Sikh, or Buddhist religion can be deemed to be members of a Scheduled Caste. The Court held that the petitioner, being a Muslim, is not entitled to claim the benefit of Scheduled Caste, and the show cause notice was proper. The Court dismissed the petition, vacated the interim stay, and directed the respondents to proceed with the reversion order. The Court also noted that the petitioner may approach the Caste Scrutiny Committee for verification, but his Muslim faith would still be a bar.
Headnote
A) Constitutional Law - Scheduled Castes - Religion Bar - Clause 3 of Constitution (Scheduled Castes) Order, 1950 - The petitioner, a Muslim, claimed to belong to 'Bahana' caste and sought caste validity. The Court held that under Clause 3, only Hindus, Sikhs, and Buddhists are entitled to Scheduled Caste status. A person of Muslim faith cannot claim such benefit, and the show cause notice for reversion was proper. (Paras 2-6) B) Service Law - Caste Certificate - Validity - Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes (Vimukta Jati) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - The petitioner challenged a show cause notice for reversion based on lack of caste validity certificate. The Court held that the question of caste validity can only be decided by the Scrutiny Committee, but the petitioner's Muslim religion disentitles him from Scheduled Caste benefit. (Paras 2-6)
Issue of Consideration
Whether a person professing Muslim religion can claim the benefit of Scheduled Caste under the Constitution (Scheduled Castes) Order, 1950, and whether the show cause notice for reversion is valid.
Final Decision
The petition is dismissed. The interim stay granted on 23.7.2010 is vacated. The respondents are directed to proceed with the order of reversion dated 29.7.2010. No order as to costs.
Law Points
- Constitution (Scheduled Castes) Order
- 1950
- Clause 3 restricts Scheduled Caste status to Hindus
- Sikhs
- and Buddhists
- a person professing Muslim religion is not entitled to claim Scheduled Caste benefit
- caste certificate issued without considering religion is not valid
- show cause notice for reversion is proper.
