Varsha Vs. Divisional
Caste Certificate Scrutiny Committee and Ors.
O R D E R
have heard the learned counsel for the parties.
is alleged that the appellant belongs to Kunbi caste which is recognized as Other
Backward Caste in the State of Maharashtra. She got married on 3.9.1992 to
Sayyad Arif Sayyad Munir who belongs to 'Muslim Attar' caste which is also
recognized as Other Backward Caste in the State of Maharashtra. The appellant obtained
a caste certificate on 19.9.1996 showing her caste to be 'Muslim Attar'. In November
2003, she contested the election of Municipal Corporation, Ahmednagar for the seat
reserved for Women-OBC and was elected as a Corporator.
After she was elected
as a Corporator, her caste certificate showing her caste as 'Muslim Attar' was
submitted for scrutiny. Subsequently, she came to know that she cannot obtain the
caste certificate of her husband's caste. Therefore, she obtained a certificate
on 7.6.2005 showing her caste as 'Kunbi' and submitted this certificate for verification.
The Divisional Caste Certificate Scrutiny Committee held the certificate
showing the caste as 'Muslim Attar' as invalid and declared that the appellant
Varsha does not belong to 'Muslim Attar'. She filed a writ petition before the
High Court which was dismissed and the order of the Caste Scrutiny Committee was
upheld by the High Court. Thus, the appellant is before us.
the facts and circumstances of the case, the impugned judgment as well as the
order passed by the Caste Scrutiny Committee are set aside and the matter is remitted
to the Divisional Caste Certificate Scrutiny Committee to verify the second certificate
submitted by the appellant and consider the case of the appellant de novo in
accordance with law. We direct the Caste Scrutiny Committee to decide the case
of the appellant as expeditiously as possible, in any event, within four weeks from
the date of communication of this order.
appeal is disposed of accordingly.
(GYAN SUDHA MISRA)