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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 7325    OF 2011

(Arising out of SLP(C) No.4704/2008)

VARSHA                  Appellant(s)

                    :VERSUS:

DIVISIONAL CASTE CERTIFICATE SCRUTINY  COMMITTEE AND ORS.      Respondent(s)

O R D E R

1. Leave granted.

2. We  have  heard  the  learned  counsel  for  the  

parties.

3. It is alleged that the appellant belongs to  

Kunbi caste which is recognized as Other Backward  

Caste in the State of Maharashtra. She got married  

on 3.9.1992 to Sayyad Arif Sayyad Munir who belongs  

to 'Muslim Attar' caste which is also recognized as  

Other Backward Caste in the State of Maharashtra.  

The  appellant  obtained  a  caste  certificate  on  

19.9.1996 showing her caste to be 'Muslim Attar'. In  

November  2003,  she  contested  the  election  of

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Municipal  Corporation,  Ahmednagar  for  the  seat  

reserved  for  Women-OBC  and  was  elected  as  a  

Corporator.  After she was elected as a Corporator,  

her caste certificate showing her  caste as 'Muslim  

Attar' was submitted for scrutiny. Subsequently, she  

came  to  know  that  she  cannot  obtain  the  caste  

certificate of her husband's caste. Therefore, she  

obtained a certificate on 7.6.2005 showing her caste  

as  'Kunbi'  and  submitted  this  certificate  for  

verification.  The  Divisional  Caste  Certificate  

Scrutiny Committee held the certificate showing the  

caste as 'Muslim Attar'  as invalid and declared  

that the appellant Varsha does not belong to 'Muslim  

Attar'.  She filed a writ petition before the High  

Court  which  was  dismissed  and  the  order  of  the  

Caste  Scrutiny  Committee  was  upheld  by  the  High  

Court.  Thus, the appellant is before us.  

4. In the facts and circumstances of the case,  

the impugned judgment as well as the order passed by  

the Caste Scrutiny Committee are set aside and the  

matter  is  remitted  to  the  Divisional  Caste  

Certificate Scrutiny Committee to verify the second  

certificate submitted by the appellant and consider

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the case of the appellant de novo in accordance with  

law.  We direct the  Caste Scrutiny Committee to  

decide the case of the appellant as expeditiously as  

possible, in any event, within four weeks from the  

date of communication of this order.  

5. This appeal is disposed of accordingly.   

.....................J (DALVEER BHANDARI)

.....................J (GYAN SUDHA MISRA)

New Delhi; August 16, 2011.