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Allahabad High Court · body

2014 DIGILAW 435 (ALL)

MOHD. FARMAAN AHMAD v. STATE OF U. P.

2014-02-10

RAJAN ROY, TARUN AGARWALA

body2014
JUDGMENT By the Court.—The petitioner has filed an application for grant of a caste certificate contending that his caste is Momin Ansar which comes under the OBC category and consequently requires a certificate for the purpose of employment. 2. An inquiry was conducted and the Lekhpal submitted a report indicating that the petitioner is a Sheik Ansar which does not come under OBC and comes under the general category. The petitioner upon coming to know about this report, filed an objection contending that the word ‘Sheik’ is a title given to a person in order to show respect to him and is not a caste or sub caste and, therefore, the report of the Lekhpal is incorrect and that a fresh report should be called for that purpose. The petitioner also contended that he should be treated as a Momin Ansar and a certificate to that effect may be issued to him. The Tehsildar, after considering the matter, rejected the petitioner’s application holding that an OBC certificateýÿ could not be granted to him as he comes under the general category. 3. The petitioner preferred a writ petition which was dismissed on the ground that the petitioner should file an appeal. The appeal was accordingly filed before the Sub Divisional Magistrate, who also rejected the appeal by the impunged order. The petitioner being aggrieved by the aforesaid order have filed the present writ petition. 4. The learned counsel for the petitioner submitted that ‘Sheik Ansar’ is not a caste in the Muslim community nor there is any such caste in the Hindu Community and therefore the finding of the revenue authorities are patently erroneous. The learned counsel further submitted that the word ‘Sheik’ does not denote a particular caste. It only defines a title which is given to a certain class of person out of deference or respect. In this regard, the petitioner has also made a submission that certain persons are called “Pandits” denoting their title and giving respect to such persons. 5. Counsel for the petitioner submitted that Momin Ansar is a sub caste of Muslim Community which is recognised under the OBC category and therefore such certificate should have been issued to the petitioner. In this regard, the petitioner has also made a submission that certain persons are called “Pandits” denoting their title and giving respect to such persons. 5. Counsel for the petitioner submitted that Momin Ansar is a sub caste of Muslim Community which is recognised under the OBC category and therefore such certificate should have been issued to the petitioner. The learned counsel also placed reliance upon a decision of this Court in Shamsuddin v. ADJ, Mathura, 1998(89) RD 109; in which it was held that the word ‘Sheik’ is not found to be a caste and is only a title given to certain persons for the purpose of showing respect to them. 6. Be that as it may. The Court finds that the petitioner did not consider himself to be ‘Momin Ansar’ and continued to indicate himself as a ‘Sheik Ansar’ at all point of time. The respondents have filed several documents, such as, the entry in his service book indicating his religion as Islam and caste as Sheik Ansar. A certificate has been issued by the Nagar Panchayat indicating that the petitioner is a Sheik Ansar. The Madarsa has also issued a certificate indicating that the petitioner has certified his daughters as belonging to Sheik Ansar caste. Not only this, the petitioner has obtained a Ration Card showing himself as belonging to the general category and has shown his caste as Sheik Ansar. 7. In the light of these irrefutable documents which has not been denied by the petitioner in the rejoinder-affidavit, the Court finds clinching evidence against the petitioner, and because of this reason, the Court is not inclined to interfere in the impugned order. 8. The writ petition is accordingly dismissed.