Case Note & Summary
The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which invalidated her caste certificate claiming to belong to the Momin community (recognized as OBC). The certificate had been used to contest and become President of the Zilla Parishad, Aurangabad. Earlier, the District Scrutiny Committee had validated the certificate on 17 January 2012, but that validation was set aside by the High Court in WP 3914 of 2013 on 7 January 2013 at the instance of her rival candidate, respondent no. 5. The Supreme Court on 18 March 2013 in CA 2597 of 2013 allowed the petitioner to continue as President pending verification. The Divisional Committee, after fresh evaluation, invalidated the claim. The High Court examined the evidence, including school records showing the petitioner's father's caste as 'Pathan' and not 'Momin', and found no contemporaneous documents supporting the Momin claim. The court held that the burden of proof was on the petitioner, which she failed to discharge. The petition was dismissed, and the invalidation was upheld.
Headnote
A) Caste Certificate Verification - Burden of Proof - Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, 2000 (Act 23 of 2001) and Rules 2012 - The burden lies on the claimant to prove her caste claim with cogent documentary evidence. The Scrutiny Committee must examine the claim strictly and cannot rely on mere assertions. Held that the Committee's invalidation was justified due to lack of contemporaneous documents and contradictory entries in school records (Paras 1-10).
Issue of Consideration
Whether the Divisional Caste Certificate Scrutiny Committee correctly invalidated the petitioner's caste certificate claiming Momin (OBC) status based on insufficient evidence and inconsistencies.
Final Decision
The writ petition is dismissed. The order dated 19.7.2013 of the Divisional Caste Certificate Scrutiny Committee invalidating the petitioner's caste certificate is upheld.
Law Points
- Caste certificate verification
- burden of proof on claimant
- validity of caste claim based on documentary evidence
- application of Maharashtra Act 23 of 2001 and Rules 2012
Case Details
2013 LawText (BOM) (10) 14
Writ Petition No. 5955 of 2013
B.P. Dharmadhikari, Ravindra V. Ghuge
Mr. N.P. Patil Jamalpurkar for petitioner; Mr. S.V. Kurundkar for respondent nos.1 and 2; Mr. U.B. Bondar for respondent no.3; Mr. S.T. Shelke for respondent no.4; Mr. S.S. Thombre for respondent no.5
Nahidabano w/o. Ferozkhan Pathan
Divisional Commissioner, Aurangabad Division; Divisional Caste Certificate Scrutiny Committee No.1, Aurangabad; Zilla Parishad, Aurangabad; State Election Commission, Maharashtra; Anita w/o. Ganesh Chopde
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of the Divisional Caste Certificate Scrutiny Committee invalidating the petitioner's caste certificate.
Remedy Sought
Petitioner sought quashing of the order dated 19.7.2013 invalidating her caste certificate and sought restoration of her caste claim.
Filing Reason
The petitioner's caste certificate claiming Momin (OBC) was invalidated by the Scrutiny Committee, leading to her challenge.
Previous Decisions
The District Scrutiny Committee validated the certificate on 17.1.2012, but that validation was set aside by the High Court in WP 3914 of 2013 on 7.1.2013. The Supreme Court on 18.3.2013 in CA 2597 of 2013 allowed the petitioner to continue as President pending verification.
Issues
Whether the Divisional Scrutiny Committee correctly invalidated the petitioner's caste certificate for lack of evidence.
Whether the petitioner discharged the burden of proving her caste claim as Momin (OBC).
Submissions/Arguments
Petitioner argued that she belongs to Momin community and had sufficient evidence.
Respondents contended that the petitioner failed to produce contemporaneous documents and school records showed her father's caste as 'Pathan', not 'Momin'.
Ratio Decidendi
The burden of proving a caste claim lies on the claimant. In the absence of contemporaneous documentary evidence and in the face of inconsistent entries in school records, the Scrutiny Committee is justified in invalidating the caste certificate.
Judgment Excerpts
The challenge in present writ petition is to order dated 19.7.2013 passed by the Divisional Caste Certificate Scrutiny Committee, Aurangabad invalidating caste claim of Petitioner & canceling her caste certificate as belonging to caste Momin recognized as OBC.
Caste certificate has been used by the Petitioner to contest the elections of Respondent 3 Zilla Parishad, Aurangabad & on its strength, she became the President of the Zilla Parishad.
Procedural History
The District Scrutiny Committee validated the certificate on 17.1.2012. That validation was set aside by the High Court in WP 3914 of 2013 on 7.1.2013. The Supreme Court on 18.3.2013 in CA 2597 of 2013 allowed the petitioner to continue as President pending verification. The Divisional Committee invalidated the claim on 19.7.2013. The petitioner filed the present writ petition on 25.7.2013. The High Court heard the matter and dismissed the petition on 4.10.2013.
Acts & Sections
- Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, 2000:
- Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Rules, 2012:
