IMPORTANT POINT
Reservation – Employment obtained on the basis of fake caste certificate can be invalidated even after retirement.

JUDGMENT :

VIPUL M. PANCHOLI, J.

1. Leave granted.

2. This appeal arises out of the judgment and order dated 15.09.2020 passed by the High Court of Judicature at Bombay in Writ Petition (St.) No. 92659 of 2020, whereby the High Court dismissed the writ petition filed by the appellant and affirmed the order dated 27.07.2020 passed by the respondent No. 2- Scheduled Tribe Certificate Scrutiny Committee (for brevity “Scrutiny Committee”) invalidating the caste claim of the appellant as belonging to the “Tokre Koli” Scheduled Tribe, thereby cancelling and confiscating his caste certificate.

3. The brief facts are that the appellant was issued a caste certificate in the year 1984, certifying him as belonging to the “Tokre Koli” Scheduled Tribe. On the basis of the said caste certificate, the appellant secured appointment as a Junior Engineer (Civil) with respondent No. 3-Municipal Corporation of Greater Mumbai on 21.10.1994 and was subsequently promoted in the year 1999. After misplacing the original caste certificate, the appellant obtained a fresh caste certificate dated 21.10.2000 from the Sub-Divisional Magistrate, Bhusawal Division, certifying him as belonging to the “Tokare Koli” Scheduled Tribe.

4. In the year 2008, the caste claim of the appellant was referred by the respondent-employer for verification. The Police Vigilance Cell submitted its report dated 16.09.2008, wherein reliance was placed upon several old family records of the appellant in which the caste of his paternal ancestors was recorded as “Koli”, “Hindu Koli” and “Hindu Suryawanshi Koli”. A show-cause notice dated 10.07.2009 was thereafter issued to the appellant, who submitted his replies and representations.

5. After several rounds of hearings and reconstitutions of the Scrutiny Committee, the matter was ultimately listed on 02.01.2020. On the said date, the appellant did not appear in person but submitted a written representation and sought an adjournment on account of the non-availability of his advocate and elderly family members. The request was rejected and the matter was posted for orders. Thereafter, the Scrutiny Committee, by order dated 27.07.2020, invalidated the Caste Certificate dated 21.10.2000 and cancelled and confiscated the same.

6. The appellant challenged the said order before the High Court, inter alia, contending that the Scrutiny Committee had violated the principles of natural justice by rejecting his request for adjournment and had failed to properly consider the documents produced by him, including the 7/12 extract of the family agricultural land recording the land as “tribal land” and the Caste Validity Certificate granted to his cousin, Vinod G. Sonavane. It was also contended that the entries “Koli” and “Suryavanshi Koli” in the old family records of the appellant cannot invalidate his claim of “Tokre Koli” Scheduled Tribe.

7. Vide the impugned judgment and order dated 15.09.2020 passed in Writ Petition (St.) No. 92659 of 2020, the High Court declined to interfere with the order of the Scrutiny Committee and dismissed the writ petition, holding that the appellant had been afforded sufficient opportunity during the prolonged proceedings and that rejection of the adjournment application dated 02.01.2020 had neither caused prejudice nor resulted in violation of the principles of natural justice. On merits, relying upon the pre-constitutional records of the grandfather and father of the appellant, wherein their caste was recorded as “Koli”, the High Court held that such records possessed high probative value and rejected the claim of the appellant of belonging to the “Tokre Koli” Scheduled Tribe. The High Court also accepted the finding of the Scrutiny Committee that the Caste Validity Certificate granted to the cousin of the appellant, Vinod G. Sonavane, had been obtained by misrepresentation. Accordingly, finding no reason to interfere with the order dated 27.07.2020 passed by the Scrutiny Committee, the High Court dismissed the writ petit