ASTHA GOPAL KHAKRA versus STATE OF MAHARASHTRA & ORS.

ASTHA GOPAL KHAKRA versus STATE OF MAHARASHTRA & ORS.

The school leaving certificates of the appellant's two paternal uncles showing admissions in the Municipal School at Akola on 12.08.1960 and 18.07.1961, together with the family tree and the Vigilance Squad enquiry indicating the grandfather migrated to and settled in Akola in 1960, establish that the appellant's...

Source-derived case information.

Parties
Appellant: Astha Gopal Khakra; Respondent: State of Maharashtra; Respondent: District Caste Certificate Verification Committee, Akola; Respondent (no.3): Yogita Dental College and Hospital; Respondent (no.4): Maharashtra University of Health Sciences
Jurisdiction
India
Judgment Date
11 October 2023
Procedural Posture
Civil Appeal / Appeal From the Division Bench Judgment of the Bombay High Court Dated 18.09.2018; Final Disposal by Supreme Court Judgment Dated 11.10.2023
Outcome
Appeal allowed; decision of the District Caste Certificate Scrutiny Committee dated 06.03.2017 and the High Court judgment dated 18.09.2018 set aside; appellant declared to belong to the Nomadic Tribe-Lohar; appellate reliefs granted.
Legal Topics
Nomadic Tribe Lohar, Maharashtra Caste Certificate Rules 2012, Deemed Date 21.11.1961, Rule 16 Evidence (school Leaving Certificate), Family Tree / Genealogy
Administrative Law Caste Certificate Verification Education Nomadic Tribe Lohar Maharashtra Caste Certificate Rules 2012 Deemed Date 21.11.1961 Rule 16 Evidence (school Leaving Certificate) Family Tree / Genealogy

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Parties

Astha Gopal Khakra

Appellant

State of Maharashtra

Respondent

District Caste Certificate Verification Committee, Akola

Respondent

Yogita Dental College and Hospital

Respondent (no.3)

Maharashtra University of Health Sciences

Respondent (no.4)

Procedural Posture

Civil Appeal / Appeal From the Division Bench Judgment of the Bombay High Court Dated 18.09.2018; Final Disposal by Supreme Court Judgment Dated 11.10.2023

Legal Issues

  1. 1 Whether the appellant established residence of her paternal forefathers in Maharashtra prior to the deemed date 21.11.1961 under the 2012 Rules
  2. 2 Whether school leaving certificates of paternal uncles and the family tree satisfy Rule 16 and Rule 3 requirements for caste verification
  3. 3 Whether the Scrutiny Committee and High Court erred in rejecting the appellant's claim as belonging to Nomadic Tribe-Lohar

Ratio Decidendi

The school leaving certificates of the appellant's two paternal uncles showing admissions in the Municipal School at Akola on 12.08.1960 and 18.07.1961, together with the family tree and the Vigilance Squad enquiry indicating the grandfather migrated to and settled in Akola in 1960, establish that the appellant's paternal forefathers set up residence in Maharashtra prior to the deemed date 21.11.1961; those documents satisfy the requirements of Rules 2(h), 3 and 16 of the 2012 Rules, and therefore the appellant belongs to the Nomadic Tribe-Lohar; the decisions of the Scrutiny Committee and the High Court rejecting the claim were unsustainable.

Court Disposition

Appeal allowed; decision of the District Caste Certificate Scrutiny Committee dated 06.03.2017 and the High Court judgment dated 18.09.2018 set aside; appellant declared to belong to the Nomadic Tribe-Lohar; appellate reliefs granted.

Orders

  • Decision of the District Caste Certificate Scrutiny Committee dated 06.03.2017 set aside
  • Impugned judgment of the High Court dated 18.09.2018 set aside