2022:BHC-AS:3367-DB AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2632 OF 2021 Phulrenu Harilal Chauhan aged 54 years, residing at 17/5, Makarand Society, Veer Savarkar Marg, Mahim, Mumbai 400 016 … Petitioner.

V/s.

1. State of Maharashtra, through its Secretary, Social Justice Department, Mantralaya, Mumbai 400 032.

2. District Caste Certificate Scrutiny Committee, Mumbai City, through its Member Secretary, having its office at Panchsheel, Matunga Labour Camp, Mahim, Mumbai – 400 016.

3. Deputy Collector, Mumbai City, Old Custom House, Shaheed Bhagatsing Marg, Fort, Mumbai – 400 023 … Respondents.

Mr. R.K. Mendadkar, with Mr. T.V. Jadhav, for the Petitioner.

Smt. A.A. Purav, AGP, for the Respondents-State.

CORAM : SUNIL B. SHUKRE, AND AMIT BORKAR, JJ.

DATE : 21st FEBRUARY 2022.

JUDGMENT: (Per 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 reli