2024 Supreme(SC) 297

SUPREME COURT OF INDIA
J.K. MAHESHWARI, SANJAY KAROL, JJ.
Navneet Kaur Harbhajansing Kundles @ Navneet Kaur Ravi Rana – Appellant
Versus
State of Maharashtra and Others – Respondents
Civil Appeal Nos. 2741­2743 of 2024
Decided On : 04-04-2024

IMPORTANT POINTS
(1) Reservation – Order passed by Scrutiny Committee which reflects due appreciation of evidence and application of mind and in absence of any allegation of bias/malice or lack of jurisdiction, disturbing findings of Scrutiny Committee cannot be sustained.
(2) Writ of Certiorari should not be used by superior Court to substitute its own views by getting into fact finding exercise unless warranted.

Headnote:

(A) Reservation – Validation of caste claim – [Scheduled Castes Order, 1950 issued by President under Article 341 of Constitution of India] – Detailed procedure has been prescribed for Scrutiny Committee to deal with claim of applicant seeking validation of caste certificate issued by Competent Authority – In present case, on remand by High Court, parties appeared before Scrutiny Committee, filed objections and led evidence – They were heard and after due consideration of all material brought on record, Scrutiny Committee, delineated objections and passed detailed order validating caste certificate of Appellant primarily on anvil of report submitted by Vigilance Cell and report of home enquiry – High Courts as well as Supreme Court should refrain themselves from deeper probe into factual issues like an appellate body unless inferences made by concerned authority suffers from perversity on face of it or are impermissible in eyes of law – In instant case, order passed by Scrutiny Committee reflects due appreciation of evidence and application of mind and in absence of any allegation of bias/malice or lack of jurisdiction, disturbing findings of Scrutiny Committee cannot be sustained – High Court has clearly overstepped by reappreciating evidence in absence of any allegation of malafide or perversity – Judgment passed by High Court set aside and validation order passed by Scrutiny Committee restored. [Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 – Sections 6, 7 and 9; Maharashtra Scheduled Castes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 – Rules 13, 14 and 17] (Paras 12, 14, 15, 17 and 25)

(B) Constitution of India – Article 226 – Writ of Certiorari – Writ of certiorari is expended as a remedy and is intended to cure jurisdictional error committed by Courts/forums below – It should not be used by superior Court to substitute its own views by getting into fact finding exercise unless warranted – Writ of certiorari being a writ of high prerogative, should not be invoked on mere asking – Jurisdiction is supervisory and Court exercising it, ought to refrain to act as an appellate court unless facts so warrant – It also ought not reappreciate evidence and substitute its own conclusion interfering with a finding unless perverse – High Court in a writ for certiorari should not interfere when such challenge is on the ground of insufficiency or adequacy of material to sustain impugned finding. (Paras 17 and 19)

Facts of the case:

Entire controversy revolves around validation of caste claim in favour of Appellant, on anvil of which, Appellant contested 2019 Parliamentary election from Amravati constituency in Maharashtra as an independent candidate on a seat reserved for Scheduled Caste and emerged as winning candidate while defeating other contesting candidates including Respondent herein. Aggrieved, Appellant’s candidature on reserved seat was assailed by other contesting candidates primarily on the ground that she obtained ‘Mochi Scheduled Caste’ certificate from authorities concerned by submitting forged and fabricated documents.

Findings of Court:

Scrutiny Committee heard all parties in detail complying with principles of natural justice. Hence, order of Scrutiny Committee did not merit any interference by High Court in a ‘writ of certiorari’ under Article 226 of Constitution of India.

Result : Appeals allowed.