A person's caste is determined by birth and cannot be changed, unlike religion, as established by the interpretation of Article 25 of the Constitution of India and the case of S. Paul Raj vs The Tahsildar.

JUDGMENT

Y.G.KHOBRAGADE, J. - Heard.

2. Rule. Rule made returnable forthwith, heard finally at the stage of admission by consent of the parties.

3. According to the petitioner, she belongs to "Mahar" caste which is Scheduled Caste category at Sr. No. 37 in State of Maharashtra and she was admitted in Shri Gadge Maharaj Vidyalaya and Junior College, Murtizapur, Dist. Akola in 12th standard. Her Collage forwarded her caste claim for scrutiny to respondent 2- Scrutiny Committee. Accordingly, the petitioner submitted various documents alongwith her proposal. However on 13/4/2022, the respondent 2 invalidated her caste claim mainly on the ground that the petitioner failed to produce caste claim documents prior to 1950 so also during the affinity test, the photos of Lord Jesus Christ and portrait of Dr. Bababsaheb Ambedkar were found in the prayer-room of the house of the petitioner and the petitioner is a follower of the Christian religion.

4. The respondent 2- Scrutiny Committee filed reply and strongly resisted claim of the petitioner on the ground that after receipt of the proposal for caste verification of the petitioner, a showcause notice was issued to the petitioner alongwith Vigilance Cell report. The petitioner was given opportunity of hearing however, the petitioner failed to establish her caste claim and documents which have been submitted by the petitioner were considered by the Scrutiny Committee. According to respondents, the petitioner prayed for validity of "Mahar" caste certificate issued by the Competent Authority however, the traits, customs and characteristic furnished by the petitioner does not match with that of caste Mahar and the petitioner is following Christian religion. Therefore, the respondents invalidated the caste claim of the petitioner.

5. It is an admitted fact that the petitioner is admitted in 12th standard (Science Stream) at Shri Gadge Maharaj Vidyalaya and Junior College, Murtizapur, Dist. Akola. The petitioner claimed that she belongs to Mahar caste which is at Sr. No. 37 in the list of Scheduled Caste in the State of Maharashtra. The petitioner produced various documents and all those documents including her close relatives reflect the caste as "Mahar" and none of the documents reflect any other caste than "Mahar".

6. It is submitted that in the Indian Society caste of any person is attached by birth but his religion attached with said person to whom he follows viz. if any person follows worship and traditions of Jainism, he becomes Jain. If we follow worship and traditions of Hindu's God/Goddess, we become "Hindu", if we follow worship and traditions of Mohammad Paigamber then we become Mohammedan, if we follow worship and traditions of Guru Nanak, we become Sikh, if we follow worship and traditions of Gautam Buddha, we become Buddha. Article 25 of the Constitution of India provides for freedom of conscience and profess, practice and propagation of religion. Therefore, the citizen of India having every right to practice and propagate his religion. The religion can be converted from one to another and it can be done anytime. However, the caste in which a particular person born can not be changed.

7. In the case of S. Paul Raj vs The Tahsildar (Writ Petition 15193/2016, decided on 17/11/2021), the Madras High Court has observed in para no. 9 as under:-

"9. This Court is of the considered opinion that conversion from one religion to another religion will not change the caste of a person which he belongs. In the present case, the petitioner admittedly belongs to Christian Adi-Dravidar community and by virtue of conversion to Christianity he was issued with the Backward Class certificate. However, by birth, the petitioner belongs to 'Adi-Dravidar' community and change of religion will not change the community. The classification of Scheduled Caste, Scheduled Tribes, Most Backward Classes, Backward Classes and Other castes will not change the caste."

8. In the case in hand, the petitioner's caste claim