Caste Certificate – Jurisdiction of the Competent Authority of place of ordinary residence or place of birth – Rule 5(1) of the Maharashtra Regulation of Issuance and Verification of Caste Certificate Rules, 2021 –
The petitioner has challenged the caste certificate dated 7.11.2016 of the Respondent no.1 on the ground the competent Authority of Mumbai City alone has jurisdiction to issue the same. The said certificate was issued by the Deputy Collector, Mumbai Suburban.
The petitioner contended that since the respondent no.1 was born in Kamathipura, Mumbai, the Authority of Mumbai City alone has jurisdiction to issue the caste certificate. Merely because the respondent no.1 was residing at Jogeshwari since 1968, the Authority of Mumbai Suburban has no jurisdiction to issue the caste certificate.
Rule 5(1) of the Maharashtra Scheduled Caste, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, OBC and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2021, provides that the Competent Authority may issue caste certificate to an application ordinarily residing within territorial jurisdiction on deemed date. Deemed date for OBC is 13th October, 1967. The object of obtaining a caste certificate from the competent Authority of a particular area is to find out various types of entries in public records of the place. Thus, the competent Authority of Mumbai Suburban has the authority to issue the caste certificate.
Judgment dated 2.4.2024 in W.P.No.1532 of 2019 of Shilpa Santosh Salvi Vs. Pankaj Shobhnath Yadav and others
