02 April 2024 Constitutional & Government >> Constitution & Law Procedure  

A recent judgement has settled a dispute regarding the validity of a caste certificate issued by the Deputy Collector, Mumbai Suburban. The challenge stemmed from the claim that the certificate was issued by the wrong authority.

The petitioner argued that the certificate holder's (referred to as the 1st respondent) place of residence on the crucial "deemed date" of October 13, 1967, fell within Mumbai City limits. As per their argument, only the Competent Authority of Mumbai City had the jurisdiction to issue the certificate at that time.

The 1st respondent countered this claim by stating that their family relocated to Mumbai Suburban in 1968. By the time their caste was included in the Backward Classes list (October 5, 1979), they were permanent residents of Mumbai Suburban. They further emphasized that the Scrutiny Committee had already validated their caste certificate.

The Court acknowledged the significance of verifying residence on the deemed date. However, they pointed out that the official division of Mumbai City and Mumbai Suburban only came into effect in 1990.

In its judgement, the Court reasoned that the Deputy Collector, Mumbai Suburban, did possess the necessary authority. Since the bifurcation of Mumbai didn't exist at the time the 1st respondent became eligible for the certificate, the Suburban authority was the only relevant body. The Court also gave weight to the prior validation by the Scrutiny Committee.

Ultimately, the Court dismissed the petition, upholding the validity of the caste certificate issued by the Deputy Collector, Mumbai Suburban.