Isabella Mariam

The High Court of Bombay at Nagpur, Division Bench of Justice Mukulika Jawalkar and Justice Nandesh Deshpande, recently held that the mere presence of a painted cross or a statue of Jesus Christ in a person's home cannot constitute proof of conversion to Christianity for the purpose of denying Scheduled Caste status. The Court quashed an order by a District Caste Certificate Verification Committee that had refused to validate the "Mang" Scheduled Caste claim of a petitioner, directing the Committee to issue the validity certificate within two months, after finding no evidence of formal religious conversion, such as baptism, by the petitioner or his forefathers.

The petitioner, a student residing in Akola, filed a writ petition challenging an order dated 27/09/2023 passed by the District Caste Certificate Verification Committee, Akola, which invalidated his caste claim to 'Mang', recognized as Scheduled Caste at Serial No. 46 in the List of Scheduled Castes for the State of Maharashtra. The petitioner had submitted a proposal for validation of his caste claim through the Principal of Rajashri Shahu College, Paradhi, District Jalna, along with a School Leaving Certificate dated 10/08/1932 issued to his great grandfather, and another School Leaving Certificate dated 16/07/1934 pertaining to his great grandfather's brother. The matter was referred for enquiry to the Vigilance Cell.

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Following the Vigilance Cell report, the Scrutiny Committee issued a notice to the petitioner calling for explanation on two grounds: that the caste column in the School Leaving Certificate of the petitioner's grandfather was recorded as 'Christian', and that a witness in the Vigilance Enquiry Report stated the petitioner professed Christianity. The petitioner filed a reply and submitted a certificate dated 06/03/2009 issued by the Pastor of Alliance Church, Akola, certifying that the petitioner is 'Matang' by caste.

Despite the reply, the Committee rejected the claim on grounds including alleged conversion of the grandfather and father to Christianity, the petitioner's inability to establish relationship with family members, Christian-sounding names of certain relatives, and the conduct of a witness examined in support of the claim. The Committee held that the petitioner would fall under the category of Converted Christian as per Entry 196 under Other Backward Classes.

The Court examined the documentary evidence on record, including pre-constitutional school leaving certificates, the Extract of Service Book of Prabhakar Ganpatrao Sathe, and the family tree submitted by the petitioner.

On the single entry of 'Christian' in one document, the Court recorded that "except one entry of Christian in the document of Prabhakar, all other entries are 'Mang' or 'Matang'. So far as Christian's entry on document of Prabhakar Sathe is concerned, it has to be expected that it has wrongly written as Christian, because the validity certificate has already in favour of Prabhakar Sathe."

On the necessity of establishing baptism before concluding conversion, the Court stated that "it is the duty of the Caste Scrutiny Committee before concluding that the Petitioner's father and grandfather have converted themselves into Christianity, whether there was any rituals of baptism are performed or not. Only because there is painting of Cross or presence of a statue of God Jesus Christ, would not suffice to hold that the forefather of the Petitioner converted into Christianity."

The Court also noted from the precedent in Bhanudas Hona Gajbhiv that "by mere entries in the caste column of his father and his grand-father, it cannot be said that they had embraced Christianity and that there was, therefore, definite attempt of misleading the authorities subsequently" and further that "the committee in that case, mechanically passed an order invalidating the caste certificate issued in favour of the Dipak S/o Yohan Shinde. No evidence in respect of conversion of family to Christianity was produced or that the father of the petitioner or petitioner adopted Christian faith."

On the respondent's reliance on the case of Kiranlata d/o Wamanrao Sontakke, the Court recorded that the said judgment was not supporting the contention of the learned AGP, quoting from it that "petitioner's marriage with a Christian or visiting church or keeping the photograph of Lord Yeshu in house, would not denude her from the original caste to which she belongs. In terms of undisputed pre-constitutional document, the petitioners original caste is Mahar, therefore, onus lies on the vigilance cell to establish conversion to Christianity, which was not discharged. There is no material to show that the community has treated petitioner as Christian or she has undergone the ceremony of baptism."

On the distinguishability of the Supreme Court precedent relied upon by the respondents, the Court recorded that "in the present matter, there is no evidence at all to say that there was any conversion of 'Mang' Scheduled Caste religion to 'Christian' religion. There is no dispute about the documents and family tree produced by the Petitioner before the Caste Scrutiny Committee."

The Court concluded that "the impugned order passed by the Caste Scrutiny Committee is patently erroneous, perverse and is liable to be set aside."

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"The Writ Petition is allowed. The impugned order dated 27/09/2023, passed in case No. ED-2022-00777879, passed by the Respondent – District Caste Certificate Verification Committee, Akola is hereby quashed and set aside. It is declared that the Petitioner duly established that he belongs to 'Mang' Scheduled Caste."

"The Respondent District Caste Certificate Verification Committee, Akola is hereby directed to issue the validity certificate of 'Mang' Scheduled Caste to the Petitioner within a period of two months. Rule is made absolute in the above terms. No order as to costs. Pending application(s), if any, stand(s) disposed of."

Advocates Representing the Parties

For the Petitioner: Mr. U. J. Deshpande, Advocate

For the Respondents: Mr. N. R. Patil, Assistant Government Pleader

Case Title: Stavan Wilson Sathe Versus The State of Maharashtra and The District Caste Certificate Verification Committee, Akola

Neutral Citation: 2026:BHC-NAG:3387-DB

Case Number: Writ Petition No. 2665 of 2024

Bench: Justice Mrs. M.S. Jawalkar and Justice Nandesh S. Deshpande