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2022 Supreme(Bom) 266
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUNIL B. SHUKRE, AMIT BORKAR, JJ.
Phulrenu Harilal Chauhan – Appellant
Versus
State of Maharashtra – Respondent
Writ Petition No. 2632 of 2021
Decided On : 21-02-2022
Advocate Appeared:
For the Appellants : Mr. R.K. Mendadkar, Mr. T.V. Jadhav.
For the Respondent: Smt. A.A. Purav.
Point of Law: After bifurcation of areas and their reorganisation in two different States, community which enjoyed the benefit in the erstwhile area would also continue to enjoy the said benefit in State of which now it forms part.
Headnote:
Maharashtra Scheduled Castes, Scheduled Tribes, Do-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 - Section 2(b), 2(e) - Bombay Reorganisation Act, 1960 - Sections 3 and 4 - Issue Caste Certificate - Jurisdiction of Competent Authority - Controversy in this petition arises on account of refusal of Respondent No. 2 to issue Caste Certificate “Mochi” Scheduled Caste to children of Petitioner on ground that forefathers of Petitioner were not residents of State of Maharashtra on cut-off date, 10th August 1950 - whether or not on 10th August 1950, area of residence of applicant or his forefathers was area within jurisdiction of Competent Authority.
Findings of the Court:
Respondent No. 3 has committed serious error of law in recording a finding that document in question was a proof of residence of Gujarat State and not Bombay Presidency within jurisdiction of Respondent No. 3 - Same mistake has been continued by Respondent No. 2 when it confirmed order dated 18th January 2018 passed by Respondent No. 3 - Both these orders, therefore, deserve to be interfered with - Respondent No. 3 is directed to issue Caste Certificate to children of Petitioner as they belonging to Mochi ‘Scheduled Caste’ within four weeks from date of receipt of this order, which shall be subject to validation of their caste status by Scrutiny Committee in accordance with law.
Result: Writ Petition is disposed of.
JUDGMENT :
SUNIL B. SHUKRE, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent.
2. Controversy in this petition arises on account of refusal of Respondent No. 2 to issue Caste Certificate “Mochi” Scheduled Caste to the children of the Petitioner on the ground that forefathers of the Petitioner were not residents of the State of Maharashtra on the cut-off date, 10th August 1950.
3. On going through the impugned order passed by Respondent No. 2 which maintains the order dated 18th January 2018 passed by Respondent No. 3, we, however, find that both the Respondents have failed to appreciate the document at page 111 of the petition, which is a Leaving Certificate issued in the name of Harilal Maganlal Chohan, father of the Petitioner, in its proper perspective. This certificate shows the date of admission of the father of the Petitioner to be 5th April 1943 and date of leaving school to be 31st May 1947.
It further shows that it has been issued by Alfred High School, Bhavnagar.
4. In other words, this is a document which shows place of ordinary residence of the father of the Petitioner and which has been issued prior to the cut-off date, 10th August 1950 as stipulated in Section 2(e) of the Maharashtra Scheduled Castes, Scheduled Tribes, Do-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 (‘Rules, 2012’ for short). This Rule lays down that deemed date means 10th August 1950, that is the date of Presidential Order for Scheduled Caste, 21st December 1961 for De-Notified Tribes and Nomadic Tribes and 13th October 1967 for Other Backward Classes and Other Special Backward Classes. We are here concerned with the deemed date of 10th August 1950 as the Petitioner is claiming herself to be belonging to Mochi ‘Scheduled Caste’. Rule 3 of the Rules, 2012 lays down that the Competent Authority may issue a caste certificate to the applicant who is a permanent resident of the concerned area on deemed date for which the Competent Authority is designated or appointed by the Government, by notification published under clause (b) of Section 2 of the Act in the Official Gazette. This will show that the Competent Authority may issue a caste certificate to an applicant who is a permanent resident of the area within the jurisdiction of the Competent Authority on the deemed date for which area the Competent Authority is designated or appointed. No doubt, the Competent Authority in the present case has been designated for the State of Maharashtra but, when we consider the deemed date of 10th August 1950 for the purposes of the present petition, the Competent Authority for the State of Maharashtra having jurisdiction over limited area within the District would also be the Competent Authority for that area on 10th August 1950. So, the next question that would arise here would be as to whether or not on 10th August 1950, the area of residence of the applicant or his forefathers was the area within the jurisdiction of the Competent Authority.
5. In the present case, a relevant document which is relied upon by the Petitioner is the School Leaving Certificate creating a record of residence for the period from 1943 to 1947 in respect of the father of the Petitioner. This record of residence pertains to Bhavnagar. Bhavnagar, as per the provisions made in the Bombay Reorganisation Act, 1960, and in particular Sections 3 and 4 thereof would show that Bhavnagar was previously part of Bombay Presidency and it was certainly part of Bombay Presidency on 10th August 1950 and that Bhavnagar was got separated and became part of newly reorganised State of Gujarat with effect from the appointed day, i.e. 1st May 1960. So, from 10th August 1950 till 30th April 1960 Bhavnagar was part of Bombay Presidency and, therefore, the document in question would have to be considered as proof of residence of the father of the Petitioner within Bomb
