IMPORTANT POINT
Decision ignoring relevant materials and considering extraneous materials cannot be sustained.

Headnote:Administration of Justice – Judicial propriety – Caste certificate issued to appellant by competent authorities – Scrutiny Committee brushing aside these certificates as having been issued arbitrarily and casually – Not examining the issuing officers – Neither verifying the records itself nor taking help of an expert – Also not considering that appellant’s son was also issued the caste certificate and appellant’s other relatives had also always been treated as belonging to the caste claimed by the appellant – Committee relying on Inspector’s report that letters ‘lu’ were interpolated in school records – Not considering appellant’s contention that the records being in custody of the school he could not have interpolated the same – Committee ignoring relevant materials and relying on extraneous materials – Decision not sustainable. (Para 9, 10)
       Facts of the case:
       The appellant was born on January 1, 1951. Page No. 9 of the register of admission of students of Zilla Parishad High School, Kundalwadi, Taluka Biloli, Distt. Nanded, produced by the appellant, shows that he was admitted to primary school, Zilla Parishad Kundalwadi, Taluka Biloli on September 14, 1962 and his caste was shown to be "Mannerawarlu".
       The Tehsildar issued certificate mentioning that the appellant belongs to Mannerawarlu sub-caste.
       Mr. Anup, son of the appellant, had completed his primary and secondary education from Milind Primary School, Kundalwadi and in school records, his
       Caste of was Mr. Anup, son of the appellant, was recorded in school records as Mannerwarlu. The Tehsildar, had issued certificate mentioning that Anup was belonging to Mannerwarlu caste.
       Anup applied for a post claiming benefit as a candidate belonging to Scheduled Tribes, by producing above mentioned certificate.
       The said certificate was forwarded to the Vigilence Cell, Office of the Deputy Director, Scheduled Tribes Scrutiny Committee, Aurugabad for verification. The Committee for Scrutiny and verification of Tribe Claims, Aurangabad had issued certificate of validity stating that Anup belongs to the Mannerwarlu Scheduled Tribe by birth.
       In the year 2002, the appellant wanted to contest the election for the post of the President of Kundalwadi Municipal Council which was reserved for candidate belonging to the Scheduled Tribes upto the year 2002. The appellant contested the said election and got elected as President of the said Municipal Council on January 1, 2002.
       On March 28, 2003, the appellant submitted documents in support of his claim that he belongs to Mannerwarlu Scheduled Tribe.
       The Scrutiny Committee cancelled and confiscated certificate dated May 17, 1972, issued to the appellant indicating that he belongs to "Mannerwarlu" Scheduled Tribe.
       The Division Bench of the High Court has dismissed the writ petition.
       Finding of the Court:
       Impugned judgment is not sustainable.
       Result:
       Appeal allowed.

Judgment :-

J.M. Panchal, J.

Leave granted.

1.2. The instant appeal is directed against judgment dated December 5, 2006, rendered by the Division Bench of High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition No. 6583 of 2005 by which the decision dated August 19, 2005 of the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, (`the Scrutiny Committee for short) to cancel and confiscate the caste certificated dated May 17, 1972, issued to the appellant by Tehsildar, Biloli, Distt. Nanded, indicating that he belongs to Mannervarlu Scheduled Tribe, is affirmed.

.3. The facts emerging from the record of the case are as under: -

.The appellant was born on January 1, 1951. A copy of page No. 9 of the register of admission of students of Zilla Parishad High School, Kundalwadi, Taluka Biloli, Distt. Nanded, produced by the appellant, shows that he was admitted to primary school, Zilla Parishad Kundalwadi, Taluka Biloli on September 14, 1962 and his caste was shown to be "Mannerawarlu". He had applied to the Tehsildar, Biloli to issue certificate indicating that he belongs to sub-caste Mannerawarlu. On the basis of the certificate issued by the President of Kundalwadi Municipality, the Tehsildar issued certificate dated May 17, 1972 mentioning that the appellant belongs to Mannerawarlu sub-caste.

2.4. Mr. Anup, son of the appellant, had completed his primary and secondary education from Milind Primary School, Kundalwadi and in school records, his caste was recorded as Mannerwarlu. The son of the appellant had also applied to Tehsildar to issue certificate to him mentioning that he belongs to "Mannerwarlu" caste. The Tehsildar, Biloli had issued certificate dated October 5, 1989 mentioning that Anup was belonging to Mannerwarlu caste. Pursuant to an advertisement issued by the Maharashtra Public Service Commission, Anup had applied for one of the posts notified and claimed benefit as a candidate belonging to Scheduled Tribes, by producing above mentioned certificate. The said certificate was forwarded to the Vigilence Cell, Office of the Deputy Director, Scheduled Tribes Scrutiny Committee, Aurugabad for verification. The officer of the said committee had recorded statements of the appellant and his father and after making due enquiry, reported on May 17, 2001 to the Deputy Director, Scheduled Tribes Scrutiny Committee, that Anup, son of the appellant, belongs to Mannerwarlu caste. After considering the documents and associated facts, the Committee for Scrutiny and verification of Tribe Claims, Aurangabad had issued certificate of validity dated October 10, 2001 stating that Anup belongs to the Mannerwarlu Scheduled Tribe by birth.

.5. In the year 2002, the appellant wanted to contest the election for the post of the President of Kundalwadi Municipal Council which was reserved for candidate belonging to the Scheduled Tribes upto the year 2002. The appellant contested the said election and got elected as President of the said Municipal Council on January 1, 2002. On January 30, 2003, the Scheduled Tribes Certificate Scrutiny Committee asked the Collector, Distt. Nanded to forward the caste claims of the elected candidates of Kundalwadi Municipal Council for verification. Accordingly the appellant was called upon by the Chief Officer of the Municipal Council to submit the caste certificate with necessary evidence, for verification. On March 28, 2003, the appellant submitted documents in support of his claim that he belongs to Mannerwarlu Scheduled Tribe. The Police Inspector, Vigilence Cell, Scheduled Tribes Verification Committee, Aurangabad, conducted enquiry. He submitted a report dated December 1, 2003 stating that in the column of caste mentioned in the school records, the word "lu" was subsequently added. In view of the above mentioned report, the Scrutiny Committee sought explanation from the appellant which was given asserting inter alia that the said document was in the custody of the school au

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2009 Supreme(SC) 1581

Supreme Court of India THE HONOURABLE MR. JUSTICE R.V. RAVEENDRAN & THE HONOURABLE MR. JUSTICE J.M. PANCHAL Sayanna Versus State of Maharashtra & Others CIVIL APPEAL NO.6253 OF 2009 (Arising out of S.L.P. (Civil) No.1774 of 2007) Decided on : 15-09-2009

IMPORTANT POINTDecision ignoring relevant materials and considering extraneous materials cannot be sustained.

Supreme Court of India
THE HONOURABLE MR. JUSTICE R.V. RAVEENDRAN & THE HONOURABLE MR. JUSTICE J.M. PANCHAL
Sayanna
Versus
State of Maharashtra & Others
CIVIL APPEAL NO.6253 OF 2009 (Arising out of S.L.P. (Civil) No.1774 of 2007)
Decided on : 15-09-2009

IMPORTANT POINT
Decision ignoring relevant materials and considering extraneous materials cannot be sustained.