The Bombay High Court recently said it will examine the legal position regarding the Muslim community not mentioning caste in their records.
A division bench of justices SB Shukre and GA Sanap made the remark while hearing a petition filed by one Zuveria Shaikh seeking quashing of the order passed by the caste scrutiny committee of Sangli refusing to issue her a caste validity certificate of Muslim Naikwadi of Vimukt Jati.
Shaikh contended that the school leaving certificate did not mention caste as Muslim - Naikwadi as it was not a practice in Muslim community to mention sub-caste. The court was then informed that in several of the judgements delivered by the HC, a consistent view had been taken that among Muslim community, there is no practice of mentioning caste in their records.
The court then said: “We would like to examine the law on this point and therefore, we request both sides to assist the Court on the question.”
According to Shaikh's plea, the status of Vimukt Jati (VJ) is given to some of persons of Muslim community based on their traditional business. It stated that the caste system does not exist in the religion and the caste scrutiny committee should have taken into consideration the said fact as there is no caste mentioned on record by Muslim community.
The sub-castes in the Muslim religion are classified into various classes on the basis of the profession/business. Her plea further said that his caste ‘Muslim – Naikwadi’ is also explained as the original business of ‘Muslim – Naikwadi’ i.e. guarding forts..
Hence, it is not mentioned anywhere like school leaving certificate or any other documentary evidence of petitioner or her forefathers, the petition said.
The plea stated that the caste committee was expecting documentary evidence which mentioned that petitioner is from Muslim - Naikwadi.
Shaikh stated that the vigilance committee report is also crystal clear and it can be seen that she is Muslim - Naikwadi by caste and once the report is in Shaikh’s favour, the committee should have considered the same.
Shaikh has sought the certificate for consideration of her admission under Vimukt Jati (VJ) category for direct admission to II year of Degree Course of Engineering.