Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Scheduled Castes |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: High Court if erred in rejecting the appellant’s claim as belonging to the Nomadic Tribe-Lohar. 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 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] |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2023 INSC 945 |
Petitioner | Astha Gopal Khakra |
Respondent | State Of Maharashtra & Ors. |
SCR | [2023] 15 S.C.R. 218 |
Judgement Date | 2023-10-11 |
Case Number | 7524 |
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