SHAIKH SHASHIM MHAMULAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.

(2.) By this Petition under Article 226 of the Constitution of India petitioner is challenging legality, validity and propriety of the impugned judgment and order dated 29th January, 2016 passed by the Respondent No. 2 ­ Scheduled Caste, Scheduled Tribe, De-notified Tribe (Vimukt Jatis), Nomadic Tribe, Other Backward Class and Special Backward Class Category Caste Scrutiny Committee No. 1, Solapur thereby invalidating the caste claim of the Petitioner as belonging to Mulani (OBC).

(3.) It is the case of the Petitioner that, Petitioner belongs to Mulani (OBC) caste, which is recognized as Other Backward Caste and listed at Sr. No. 340 in the State of Maharashtra vide Government Resolution dated 25.05.2006 as amended from time to time. Petitioner is qualified as M.A./D.Ed and considering her qualification and caste certificate the Petitioner was appointed as Assistant Teacher on the post reserved for OBC category which has been duly approved by the Education Officer (Primary) ZP Solapur vide order dated 24.09.2012 w.e.f. 1.12.2011 in the Respondent No. 4 ­ School, which is run by the Respondent No. 3 ­ Institution. The appointment of the Petitioner is on reserved post for OBC category. The Respondent No. 3 forwarded her caste certificate for verification to the Respondent No. 2 ­ Caste Scrutiny Committee. In support to this, petitioner submitted various documentary evidence before Respondent No. 2 ­ Caste Scrutiny Committee as she belongs to Mulani Caste (Muslims) including school leaving certificate of his father and real uncles which shows his caste as Musalman. Even Petitioner has produced certificate issued by village Talathi of Akluj and Grampanchayat, Akluj, Taluka Malshiras that she belongs to Muslim Mulani caste. All India Muslim OBC Organization also issued a certificate to the effect that Petitioner belongs to Muslim Mulani caste which is recognized as OBC.