Case Note & Summary
The petitioner, Arunsing Venkatsing Gaud, filed a writ petition challenging the order of the Caste Certificate Scrutiny Committee No.1, Nasik, which rejected his claim of belonging to the 'Rajput Bhamta' (Vimukta Jati) caste. The petitioner relied on various documents, including his father's School Leaving Certificate dated 4 May 1967 showing caste as 'Hindu Bhamta', his father's birth record showing 'Rajput Bhamta', and a Caste Certificate dated 12 February 2009 of his first cousin (paternal uncle's son) showing 'Rajput Bhamta'. The petitioner argued that under the Maharashtra Scheduled Castes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, the definition of 'relative' includes a blood relative from the paternal side, and therefore the cousin's certificate should be considered. The court noted that the Scrutiny Committee had ignored the cousin's certificate and the law laid down in Siddheshwar S/o. Ramkisan @Ramkrushna More Vs. The Divisional Caste Certificate Scrutiny Committee and Ors. (Writ Petition No. 326 of 2015, dated 30 January 2015) (Nagpur Bench), which held that the committee must consider validity certificates of close relatives. The court set aside the impugned order and directed the committee to decide the matter afresh, considering the cousin's certificate and the documents already on record, within eight weeks from the date of receipt of the order. The writ petition was allowed in those terms.
Headnote
A) Caste Certificate - Validity of Relative's Certificate - Definition of 'Relative' - The court considered whether a first cousin's caste certificate can be relied upon to support the petitioner's claim of belonging to 'Rajput Bhamta' (Vimukta Jati) under the Maharashtra Scheduled Castes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012. The court held that the term 'relative' under Rule 2(h) includes a blood relative from the paternal side, and the Scrutiny Committee must consider the validity certificate of such close relatives. The court set aside the impugned order and directed the committee to decide afresh considering the cousin's certificate (Paras 2-4).
Issue of Consideration
Whether the Scrutiny Committee was justified in rejecting the petitioner's caste claim as 'Rajput Bhamta' despite the existence of a valid caste certificate of the petitioner's first cousin, which is a blood relative from the paternal side.
Final Decision
The court allowed the writ petition, set aside the impugned order of the Scrutiny Committee, and directed the committee to decide the matter afresh considering the petitioner's first cousin's caste certificate and the documents already on record, within eight weeks from the date of receipt of the order.
Law Points
- Caste certificate claim can be supported by a blood relative's valid caste certificate
- Scrutiny Committee must consider validity certificate of close relatives
- Definition of 'relative' under Rule 2(h) of Maharashtra Caste Certificate Rules
- 2012 includes paternal blood relatives
