Case Details Astha Gopal Khakra vs State of Maharashtra & Ors.

Court

Supreme Court of India

Date

11 October 2023

Case No.

Civil Appeal no. 7524 of 2019

Result

Allowed

Bench

Hrishikesh Roy, Sanjay Karol

Citation

[2023] 15 S.C.R. 218 : 2023 INSC 945

Issue for consideration

High Court if erred in rejecting the appellant’s claim as belonging to the Nomadic Tribe-Lohar.

Headnote

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 – rr.3, 16 – Claim of the appellant as belonging to the Nomadic Tribe-Lohar, rejected – Legality:

Held: For verification of Caste status, the claimant was required to furnish the information mentioned in r.16 which specified the documents to be furnished as primary information and evidence – Amongst the mentioned documents, the claimant may furnish School Leaving Certificate of a relative – She must also indicate proof of permanent residence in the State of Maharashtra, prior to the deemed date i.e., 21.11.1961 – School leaving certificates of the appellant’s two paternal uncles clearly demonstrated that the appellant’s grand-father had got his two sons (uncles of the appellant) admitted into the Municipal School at Akola on 12.08.1960 and 18.07.1961 respectively – This itself would clearly establish that the fore-fathers of the appellant had migrated and set up residence in Akola in Maharashtra, prior to the deemed date of 21.11.1961 – The school leaving certificates would also satisfy the condition for residence mentioned in r.3 – Scrutiny Committee and the High Court erred in rejecting the appellant’s claim as belonging to the Nomadic Tribe-Lohar – High Court additionally fell into an error by recording that the appellant’s grand-father’s name does not figure in the family tree – Decision of the Scrutiny Committee and also the impugned judgment of the High Court are unsustainable – Appellant belongs to the ORS.

Nomadic Tribe-Lohar – Since she has completed her education in BDS course from respondent no.3, by virtue of the present judgment, her results should now be declared. [Paras 8, 16, 18 and 20]

LIST OF CITATIONS AND OTHER REFERENCES

Marri Chandra Shekhar Rao vs Dean, Seth G.S. Medical College & Ors. [1990] 2 SCR 843 : (1990) 3 SCC 130 – distinguished. OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT 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 Ca

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