SMT. SUMITRA KALAPPA KASEversusSTATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

2026:BHC-KOL:7695-DB
                                                                           3.WP.10748.2016.odt



                            IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     CIRCUIT BENCH AT KOLHAPUR
                                    CIVIL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 10748 OF 2016

          Smt. Sumitra Kalappa Kase                                   ...Petitioner

                    Versus

          The State of Maharashtra and Others                 ...Respondents
                                             ***
           Ms. Supriya B. Koli i/b Mr. Chintamani K. Bhangoji, Advocate for the
            Petitioner.
           Mr. A. P. Vanarase, AGP for the Respondent – State.
                                             ***
                                          CORAM : RAJESH S. PATIL AND
                                                    ABHAY J. MANTRI, JJ.
                                                 DATE     : 17 AUGUST, 2026.
          P. C. :

          1.                 By the present writ petition, the Petitioner is challenging

          the order dated 09th August 2016 passed by the Divisional Caste

          Certificate Scrutiny Committee No.1, Solapur Division, Solapur.


          2.                 In the impugned order, the Petitioner’s caste certificate was

          invalidated as belonging to the Chambhar, Scheduled Caste, by

          Respondent No.2 – Committee. Respondent No.2 – Committee also

          directed Respondent No.4 to take adverse action against the Petitioner

          under Section 10(1)(4) of the Caste Certificate Act. Consequently,

          Respondent No.3 – Collector is likely to take action, including

          disqualifying the Petitioner from being a member of the Gram


          Shrikant Malani                                                          Page 1 of 3
                                                              3.WP.10748.2016.odt



Panchayat, Balgi, Tq. South Solapur, Dist. Solapur.


3.                There is no dispute that the Petitioner’s term as the

member of the Gram Panchayat is already over.


4.                We have gone through the impugned judgment and order

dated 09th August 2016. With the help of the petitioner, we have gone

through the documents on record.               In support of her caste, the

Petitioner has relied upon caste certificate of her in-laws. There is no

certificate of her blood relatives i.e. from her father, brother, sister.

Admittedly, the petitioner is a resident of the Karnataka State and only

after marriage she has shifted to State of Maharashtra.


5.                As per the Government Resolution of the State of

Maharashtra          dated   01st   November    1985   and   thereafter      the

Government Circular dated 24th August 1995, persons belonging to the

Scheduled Caste, Socially and Educationally Backward Classes, who

have migrated to Maharashtra from outside the State, shall receive the

status of Scheduled Caste / Socially and Educationally Backward Class

Person (Other Backward Class) that they held in their state of origin.

On the basis of that status, they will be entitled to receive benefits /

concessions only in their state of origin. They will not be entitled to



Shrikant Malani                                                       Page 2 of 3
                                                               3.WP.10748.2016.odt



any concessions / benefits in the State of Maharashtra.


6.                Rule 6(1)(c) of the Maharashtra Scheduled Castes,

Vimukta Jatis, Nomadic Tribes, Other Backward Classes and Special

Backward Category (Regulation of Issuance and Verification of) Caste

Certificate Rules, 2012, if a caste certificate holder has migrated from

his original State to the State of Maharashtra for the purposes such as

education, employment etc., he shall be considered to belong to his

original state’s Scheduled Caste / Buddhist convert of Scheduled

Caste / Vimukta Jati / Nomadic Tribe / Other Backward or, as the case

may be, Special Backward Category, and in that regard, he shall be

entitled to benefits from his state of origin and from the Central

Government but he shall not receive any benefits from the State of

Maharashtra wherein he has shifted.


7.                In view of the same, we don’t find any merits in the present

writ petition. Hence, the Writ Petition stands dismissed.




         (ABHAY J. MANTRI, J.)                       (RAJESH S. PATIL, J.)




Shrikant Malani                                                        Page 3 of 3