Mahar community moves Gujarat High Court against govt resolution on SC status

The Gujarat High Court on Wednesday issued notice to the Gujarat government on a petition challenging a government resolution that mandates that only those people from Mahar Community, a caste BR Ambedkar belonged to, residing in the state prior to 1960 will be recognised as scheduled caste (SC). This was the year when Gujarat became a state after being carved out of the Bombay province.

Justice A Y Kogje issued a notice to the government and sought its response by March 11.

The state government had issued a resolution in 1998 stating that, in order to get a caste certificate, the Mahar community members will have to prove that they were residing in Gujarat geographical limits prior to 1960.

The petition has been filed by the Lord Buddha Foundation, a registered public charitable trust whose members are from Mahar Community. According to the petition, the community is recognized as a scheduled caste by the Government of India and lived in many states, including Gujarat and Maharashtra.

According to the petition, in the erstwhile state of Bombay, before 1960, the community was notified as SC and all those who belonged to Mahar community were put under reservation category in education as well as employment. After the division of the Bombay province in 1960, Gujarat took a decision that only those from the Mahar community who were residing prior to 1960 in its present geographical limits would be recognised as SC.

The petitioners have said that the community members have to prove, in order to get benefit and caste certificates, that they were residing in the Gujarat region prior to the cut off year. Advocate Anand Yagnik, who is representing the litigants, said, "Doctor Babasaheb Ambedkar belonged to Mahar Community and his own community is denied the status of scheduled caste and the reason given by the respondent state of Gujarat is incorrect, improper and illegal."

The petition states, "Mahars are not migrants and coupled with the fact that Mahars are considered to be members of Scheduled Caste in both States, it is shocking as to how the Respondent State has deemed it fit to deny the Mahars the caste certificate, despite being entitled in law for the same."