1997 Supreme(Bom) 550

IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
M.B. Ghodeswar BM. Marlapalle, JJ.
Vandana d/o Narayan Sonkusare ..... Petitioners.
Versus
State of Maharashtra others ..... Respondents.
W.P. No. 3335 of 1994, decided on 17-10-1997.
Advocates appeared:
Narayan Phadnis, for petitioner.
Assistant Government Pleader, for State.
Smt. S.W. Deshpande, for respondents Nos. 2 and 3.

Headnote:Article 226-Caste certificate Proof-Basis of document Halba Schedule Tribe-Caste not proved as held by security committee-Error not found an apparent on record-Interference not proper.-It is, therefore, well established principle in law now that even though an applicant before the scrutiny committee relied upon the documents pertaining his/her father to show that the father was belonging to the Schedule Tribe, and documents are not required to be accepted as the petitioner applicant is required to establish that such documents have probative value and that they have been issued by the competent authority or the claim of the father has been adjudicated to be a Scheduled Tribe by the scrutiny committee.

       No error apparent committed by the scrutiny committee and it is well established that this Court while exercising its jurisdiction under Article 226 of the Constitution of India is not entitled to sit in appeal over the findings recorded by the scrutiny committee, unless such findings are grossly erroneous or perverse.

       Article 226-Proof by production of document in the matter of Caste certificate-Conclusion of Scrutiny Committee-Applicant failed to prove caste-Error cannot found in finding-Interference by High Court-Not justified.-It is established principle that even though an applicant before the scrutiny committee relied upon the documents pertaining his or her fathers to show that father was belonging to schedule tribe, such documents are not required to be accepted as it is and the petitioner/applicant is required to establish that such documents have more probative value and that they have been issued by the competent authority or claim of father has been adjudicated to be schedule tribe by the scrutiny committee.

       In the instant case, the scrutiny committee considered the certificates and oral evidence and recorded a finding that the applicant did not establish that she belonged to Halba Schedule Tribe. There was no apparent error in that finding and High Court could not interfere with decision in exercise of its writ jurisdiction.

       Articles 226 and 342-Validity of caste certificate-When the scrutiny committee has already seen all records and decided to reject the claim, this cannot be interfered in a writ petition unless such findings are proved to be grossly erroneous and illegal.-It is now well established position in law that an applicant seeking caste verification has to stand on his/her own foot to support social status as scheduled tribe or scheduled caste person and prove his/her claim independently before the Caste Scrutiny Committee. In the case of Madhuri Patils case 1952 (2) Bom CR 690 (SC), the Apex Court has held that the entries in the School Certificate of the pre-independence period bear great probative value and school certificates or college certificates which are subject of enquiry do no bear any value and the status of such documents is required to be decided independently. In the case of Director of Tribal Welfare, Government of A.P. v. Laveti Giri, reported in AIR 1995 SC 1506, the Supreme Court held that even if the father of the applicant was in service of the State Government and his service record arid the Educational certificates established him to be a Scheduled Tribe, the claim made by the applicant was rightly rejected by the Caste Scrutiny Committee.

       The Scrutiny Committee has considered the certificate in respect of the petitioners mother which also stated that the mother belongs to the Kosti caste, as was also stated in the School Leaving Certificate of the petitioners grand father (fathers father). The scrutiny committee has also discussed at length the oral evidence brought before it during the personal hearing granted to the petitioner. Based on the said oral deposition, the scrutiny committee recorded a finding that the claim made by the petitioner that he belongs to Halba Scheduled Tribe was not established. Court find no error apparent committed by the scrutiny committee and it is well-established that this court while exercising its jurisdiction under Article 226 of the Constitution of India is not entitled to sit in appeal over the findings recorded by the scrutiny committee, unless such findings are grossly erroneous or perverse.

       Articles 226 and 342-Scrutiny of caste certificate.-After close observations the scrutiny committee found around 40% caste certificates as bogus, Court observed that while dealing with issue of such certificates the committee should exercise utmost care and alert investigations, prior to issue of certificate.

       The fraud upon the constitution played by the plainman to wear the mask of false social status to comer the constitutional benefits of reservation for admission in to the professional courses under Article 15(4) of the Constitution of India. Even in the instant case, respondent No. 3 in the impugned order has observed that out of the total applications received for verification, about 40 per cent are untenable and more and more applicants are lured for seeking such false claims. It is, therefore, necessary for the adjudicating authorities to examine every case with utmost scrutiny and microscopic investigation and ensure that the people not belonging to such under privileged social classes do.