SYED KHALIL SYED VAJIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Ghatge, learned A.G.P. waives service on behalf of the Respondents.

(2.) Petitioner claims to belong to a Momin caste which is an Other Backward Class. Being desirous to contest an election to Aurangabad Municipal Corporation from a reserved seat, he made an application to the Respondent No. 2 for verification of his caste-claim. By a letter dated 28th October, 2010 Respondent No. 2 Scrutiny Committee returned the application of the petitioner on two grounds viz.(i) the election process of Aurangabad Municipal Corporation was over and, therefore, the candidates were not required to obtain the caste certificate for the purpose of election and (ii) the Petitioner had not produced the necessary documents and, therefore, the Committee was unable to decide his caste-claim.

(3.) Caste of a person determines his social status. The person who claims to belongs to scheduled caste or Other Backward Class is entitled for his caste-claim to be determined and verified in accordance with law irrespective of the immediate motive for the verification. A person, who claims to belong to scheduled caste or other backward class, is entitled to certain benefits even other than being elected to a reserved post at an election. In our view, the scrutiny committee cannot refuse to decide the caste-claim merely on the ground that the elections to an elective post, is over. This is because, the petitioner may be entitled to use that certificate to claim other benefits also.