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2016 Supreme(Bom) 1781

NARESH H.PATIL, M.S.KARNIK
Jamadar Mehaboob Ghudubai – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. Chintamani Bhangoji and Mr. R.K. Mendadkar.
For the Respondent: Ms. R.A. Salunkhe.

JUDGMENT :

M.S. KARNIK, J.

1. Rule, returnable forthwith. Heard finally by consent of the parties.

2. The petitioner challenges an order dated 22.08.2016 passed by the Divisional Caste Certificate Scrutiny Committee No. 1-Solapur (hereinafter referred to as the 'Committee' for short) invalidating caste claim of the petitioner as belonging to 'Julah' caste which is notified as Other Backward Classes (for short 'OBC') in the State of Maharashtra.

3. The petitioner claims to profess Islam religion and the persons so professing Islam religion are inter-alia called as 'Muslim' or 'Musalman'. In school, birth and death records, caste is not mentioned. According to the petitioner, since status of OBC is determined based on occupation, the petitioner has produced voluminous evidence to show that petitioner's family was carrying on traditional occupation of 'weaving'. Based on the evidence so produced, the Competent Authority was pleased to issue a caste certificate dated 12.10.2015 certifying that he belongs to 'Julah' caste which is notified as OBC in the State of Maharashtra.

4. The petitioner on the basis of the said caste certificate contested the election to the post of Member of Ward No.



















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