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2009 Supreme(Bom) 205
In The High Court Of Judicature At Bombay
V.C. Daga & Mrs. Mridula Bhatkar, JJ.
Devendra Gurunath Khedgikar - Appellant
Versus
The Scheduled Tribe Certificate Scrutiny Committee, Pune Region, Pune - Respondent
Writ Petition No. 3739 of 2008 With Writ Petition No. 1840 of 2008
Decided On : 12 February, 2009
Mr.A.B.Avhad with Ms.Rachita Dhuru for petitioners; Mr.V.A.Gangal, Special Counsel with Mr.S.S.Deshmukh for respodents.
Headnote:(A) Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act (2000), Ss. 7, 9 - Constitution of India Art,226:- The order of a Screening Committee acknowledging the tribe claim is always presumed to be correct unless it is obtained by fraud or suppression of material facts. Fraud is always a question of fact and the burden of proof lies on the person claiming it. The Caste Screening Committee can not review its own order and form a second opinion on the same material before it.
1. Perused petition. Rule returnable forthwith.
2. The Petition, filed under Article 226 of the Constitution of India, is directed against the order dated 25th April, 2008 passed by the Schedule Tribe Certificate Scrutiny Committee, Pune Region, Pune, prima facie; finding that the caste certificate was obtained by practicing misrepresentation and concealing true and material facts amounting to fraud on the authority issuing certificate and calling upon the petitioner to submit his explanation within 15 days as to why the certificate validating his tribe claim should not be cancelled and confiscated.
3. Parties are different but the issue is identical, so a single judgment will dispose of all these writ petitions.
