Case Note & Summary
The petitioner, Akshyakumar Harinarayan Chaurasiya, filed a Writ Petition before the Bombay High Court challenging an order of the Divisional Caste Certificate Scrutiny Committee No.1, Mumbai, which invalidated his caste certificate as 'Tamboli'. The petitioner belongs to the Muslim community and claimed that 'Tamboli' is included in the list of Other Backward Classes as per a Government Circular dated 29.01.1983. The petitioner's sister had been granted a similar caste certificate by the same Committee on 18.04.2013. The High Court observed that the impugned order overlooked the Government Circular and the sister's certificate, both of which were crucial to the petitioner's claim. The Court directed the Scrutiny Committee to reconsider the matter afresh, taking into account these two documents, and to pass a fresh order. The Court also referred to its earlier decision in Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate Scrutiny Committee No.1 and others, 2010(6) Mh. L. J. 401, which had directed the Committee to grant a certificate in similar circumstances. The petition was disposed of with the direction for reconsideration.
Headnote
A) Caste Certificate - Invalidation - Reconsideration - The petitioner's caste certificate as 'Tamboli' was invalidated by the Scrutiny Committee. The High Court found that the Committee overlooked the Government Circular dated 29.01.1983 which includes 'Tamboli' in the list of Other Backward Classes for Muslims, and also ignored the fact that the petitioner's sister had been granted a similar certificate. The Court directed the Committee to reconsider the matter afresh, taking into account these two basic documents. (Paras 3-5) B) Government Circular - Other Backward Classes - Inclusion of 'Tamboli' - The Government Circular dated 29.01.1983 specifically includes 'Tamboli' among communities professing Muslim religion in the list of Other Backward Classes. The Court held that this circular goes to the root of the matter and supports the petitioner's case. (Para 4-5) C) Precedent - Sister's Certificate - Relevance - The Court noted that the petitioner's sister had been granted a caste certificate as 'Tamboli' by the same Committee on 18.04.2013. The Court held that this fact was relevant and ought to have been considered by the Committee while deciding the petitioner's claim. (Para 3)
Issue of Consideration
Whether the impugned order invalidating the petitioner's caste certificate as 'Tamboli' is sustainable when the Scrutiny Committee overlooked a Government Circular and a prior certificate issued to the petitioner's sister.
Final Decision
The High Court disposed of the Writ Petition with a direction to Respondent No.2 Scrutiny Committee to consider every aspect in detail and pass a fresh order, specifically taking into account the Government Circular dated 29.01.1983 and the fact that the petitioner's sister had been granted a caste certificate as 'Tamboli'.
Law Points
- Caste certificate invalidation
- Reconsideration due to overlooked evidence
- Government Circular dated 29.01.1983
- Sister's certificate as relevant evidence
- Natural justice
