Bombay High Court to examine Muslim community practice of not mentioning caste in records

The Bombay High Court will examine the legal position regarding the Muslim community not mentioning caste in their records [Zuveria Riyazahamad Shaikh v. State of Maharashtra & Ors.]

The Court was hearing a plea to quash and set aside the order passed by the caste scrutiny committee of Sangli refusing to issue a caste validity certificate of Muslim Naikwadi of Vimukt Jati in favour of one Zuveria Shaikh (petitioner)

The plea filed by Shaikh stated that the petitioner’s school leaving certificate did not mention caste as Muslim - Naikwadi as it was not a practice in Muslim community to mention sub-caste.

A Bench of Justices SB Shukre and GA Sanap was informed that in many of the judgments delivered by the Bombay Court, a consistent view had been taken that among Muslim community, there is no practice of mentioning caste in their records.

“We would like to examine the law on this point and therefore, we request both sides to assist the Court on the question” the Bench said.

The petition stated that the status of Vimukt Jati (VJ) is given to some of persons of Muslim community based on their traditional business.

It was stated the caste system does not exist in the religion and the caste scrutiny committee should have taken into consideration the said fact as there is no caste mentioned on record by Muslim community.

The sub-castes in Muslim religion are classified into various classes on the basis of the profession/business.

The petitioner’s caste ‘Muslim – Naikwadi’ is also explained as the original business of ‘Muslim – Naikwadi’ i.e. guarding forts, it was pointed out.

In view of this, the same is not mentioned anywhere like school leaving certificate or any other documentary evidence of petitioner or her forefathers, the petition said.

The plea stated that the caste committee was expecting documentary evidence which mentioned that petitioner is from Muslim - Naikwadi.

However, revenue records of Shaikh or her forefathers did not record their caste as Muslim.

Shaikh stated that the vigilance committee report is also crystal clear and it can be seen that she is Muslim - Naikwadi by caste and once the report is in Shaikh’s favour, the committee should have considered the same.

The plea stated that the caste certificate was important to consider Shaikh’s admission under Vimukt Jati (VJ) category for direct admission to II year of Degree Course of Engineering.

Along with the order of quashing of relevant records and proceedings, Shaikh also sought directions to the caste scrutiny committee to issue a caste validity certificate.

[Read Order]