MOHD ASIF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is filed against the judgment dated 21.11.2007 passed by the Nagpur Bench of the High Court of Bombay dismissing Writ Petition No. 995 of 2007 filed by Mohd. Asif, the appellant herein.

(3.) According to the appellant, his ancestors were residents of Rajnandgaon which was earlier part of the State of Madhya Pradesh and is now part of the State of Chattisgarh. According to the Certificate dated 16.12.1988 issued by the Naib Tahsildar of the Rajnandgaon, the appellant belongs to Muslim Pathan Behna Castewhich was recognized as OBC (Other Backward Classes) in the State of Madhya Pradesh. The appellant's family had shifted to Kamptee in the Nagpur district of Maharashtra and had become permanent residents of Nagpur district. Admittedly, caste 'Behna' is recognized as a Scheduled Caste in the State of Maharashtra.