Caste claims must be substantiated by adequate evidence of residence prior to the deemed date under applicable caste verification rules.

JUDGEMENT

HRISHIKESH ROY, J . Heard Mr. Kunal Cheema, learned counsel appearing for the appellant. Mr. Aaditya Aniruddha Pande, learned counsel appears for the State of Maharashtra and District Caste Certificate Verification Committee, Akola [respondent nos.1 and 2 respectively]. Mr. Gaurav Agrawal, learned counsel appears for the Maharashtra University of Health Sciences (Respondent No. 4). 2. The challenge here is to the judgment dated 18.09.2018 of the Division Bench of the High Court whereby the appellant’s challenge to the finding of the District Caste Certificate Digitally signed by Indu Marwah Date: 2023.10.20 16:47:14 IST Reason:

Signature Not Verified Scrutiny Committee, Akola (for short, “Scrutiny Committee”) invalidating her Caste Certificate was dismissed. The appellant claims to belong to Nomadic Tribe-Ghisadi of Maharashtra mentioned at Entry (8) of Schedule II in the Government Resolution dated 21.11.1961 i.e., Ghisadi-Lohar. By virtue of Circular dated 27.03.1965, the appellant claims to belong to the Ghisadi-Lohar community which is made equivalent to Entry No. (8) of the Schedule II of the Resolution. 3. The fore-fathers of the appellant migrated from the State of Rajasthan and the appellant’s grand-father settled in Akola, Maharashtra. The appellant sought recognition as Nomadic Tribe-Lohar and a certificate to this effect was issued to her on 10.08.2012 by the Sub-Divisional Officer, Akola. The Caste certificate issued to the appellant became the subject matter of scrutiny and in the Enquiry Report of the Vigilance Squad dated 27.12.2014 (Annexure P-10), it was reflected that the appellant’s family originally belonged to Rajasthan but her grand-father-Mulchand had come to Akola in the year 1960 and was residing in the Mominpura Area in Akola as a tenant. Later, her grand-father purchased a plot of land in the year 1968 and constructed a house on the said plot and settled therein along with the other family members including the appellant’s father. 4. However, notwithstanding the above finding of the appellant’s grand-father having migrated to Akola in the year 1960, the Scrutiny Committee, Akola, on the basis of the material adduced opined that the appellant could not substantiate her caste claim and accordingly, the following decision was given against the appellant: “1. The 'Lohar' (Nomadic Tribe-B) caste claim of the applicant - Astha Gopal Khakra is declared as Invalid. 2. The Sub Divisional Officer (S.D.O.), Akola is directed to impound the caste certificate No.MRC-81/Akola/F-238/2012-13 issued to Shri Astha Gopal Khakra immediately and take necessary action under section 10 (3) of the above Act.” 5. Following the above decision of the Scrutiny Committee, the aggrieved appellant filed Writ Petition No.4051/2017 which came to be dismissed in the first round on 11.09.2017. But the said Writ Petition was restored on 08.06.2018 by the Division Bench of the High Court and eventually the impugned order came to be passed on 18.09.2018. 6. The determination of the Caste status for the people in appellant’s category is to be made 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 (for short, “the 2012 Rules”). 7. The 2012 Rules provide for constitution of the Scrutiny Committee to decide on the validity of a Caste Certificate. As the appellant’s family migrated from Rajasthan to Maharashtra, under the 2012 Rules, the appellant is required to establish that by the deemed date i.e., 21.11.1961, the appellant’s fore-fathers from the paternal side, had set up residence in the State of Maharashtra. 8. For verification of Caste status,