F. I. Rebello, J. - (1.)Rule.
Heard forthwith.

(2.)The petitioner claims as to belong to "Chhapparband" which is notified as a Vimukta Jati (V.J.). He was elected as member of Gram Panchayat, Kunjikhed for a seat reserved for V.J. The caste certificate of the petitioner was sent for verification to the Committee constituted for verification of the caste claims. The Committee by its order dated 12-6-2008 negatived the claim of the petitioner. It is this order, which is the subject-matter of the present Petition.
(3.)The petitioner professes the Muslim faith. The State Government what has notified the "Chhapparband" as Vimukta Jati, noticed difficulties faced by the persons claiming as "Chhapparband" which is included at Serial No. 14 in the list of Vimukta Jatis, the Government of Maharashtra issued a circular dated 5th January, 1999. The relevant translated portion of which reads as :
"After considering all the aspects mentioned in their request application, the Government hereby directs that those who have claimed to be the members of 'Chhapperbandh' Muslim community and those who are to be given certificates to this effect and also those who have suffixed their names with the word "Shah", in such case the record of their fore-fathers be verified and it should be seen that the persons use to wander in the garb of 'Fakir' and were indulged in coining fake currency and were trying to bring it into usage. If, proper proof in respect of such characteristics are submitted to the competent authority, then the caste certificate be issued to them as per rules. However, it would not be proper to regard that any of those except using the term "Shah" should not be included in "Chapperbandh" community (along with Muslims).

Members of Hindu community or even the members of Muslim community who are not using the term "Shah" can also be included in the Chapperbandh community."

The State Government thereafter it appears to have noted that in case of persons who have suffixed against their names the word "Shah", then the record of their fore-fathers, as set out therein, be considered, to verify whether they belong to 'Chhapparband' community. At the same time, the Government also noted that merely because the term "Shah" is not included, would not preclude a caste certificate being issued if otherwise the applicant was able to satisfy from other material that he belongs to 'Chhapparband'.