VARSHA Vs DIVISIONAL CASTE CERT.SCRTY.COMMTEE&ORS.
Bench: DALVEER BHANDARI,GYAN SUDHA MISRA, , ,
Case number: C.A. No.-007325-007325 / 2011
Diary number: 5107 / 2008
Advocates: CHANDAN RAMAMURTHI Vs
ASHA GOPALAN NAIR
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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.