The Bombay High Court has upheld a decision denying Scheduled Caste (SC) status to a Muslim man, holding that under the existing constitutional framework, the benefit of Scheduled Caste recognition is restricted to persons professing the Hindu, Sikh or Buddhist faith.
A Division Bench of Justices Urmila Joshi Phalke and Nivedita P. Mehta dismissed the petition filed by Dr. Sadique Hussain Sheikh Azim Qureshi, observing that the Constitution (Scheduled Castes) Order, 1950, as interpreted by the Supreme Court, continues to bind all courts under Article 141 of the Constitution.
The Bench observed, “This Court is duty-bound to apply the law as it presently stands.”
It therefore declined the petitioner’s request to declare Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950 unconstitutional on the ground that it allegedly violated Articles 14, 15, 16 and 25 of the Constitution.
Background
Dr. Qureshi challenged a 2010 show-cause notice issued by the Maharashtra Government asking why he should not be reverted from the post of Deputy Commissioner (Animal Husbandry) to Livestock Development Officer after he failed to produce a caste validity certificate.
The government contended that, being a Muslim, he was not entitled to Scheduled Caste benefits.
The petitioner claimed that he belonged to the Bahana caste, which is listed as a Scheduled Caste, and stated that he had obtained a caste certificate in 1988. He argued that the validity of his caste certificate could only be decided by the Caste Scrutiny Committee under the Maharashtra Caste Certificate Act, 2000.
Court’s Findings
The High Court examined Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950, which provides that only persons professing the Hindu, Sikh or Buddhist religion can be recognised as members of a Scheduled Caste.
The Bench relied on the constitutional order and the Supreme Court’s 1985 ruling interpreting it, holding that the law remains binding unless changed by Parliament or reconsidered by the Supreme Court.
The Court held that since the petitioner professed Islam, he could not claim Scheduled Caste status under the existing legal framework.
While noting that the petitioner was free to approach the Caste Scrutiny Committee for verification of his caste certificate, the Court observed that such verification would not overcome the statutory bar arising from his religion.
Accordingly, the writ petition was dismissed, the interim protection granted earlier was vacated, and the State Government was permitted to proceed with the reversion order.
