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IN THE HIGH COURT OF BOMBAY
G.S.Kulkarni, Jitendra Jain, JJ.
Bharat Nagu Garud - Appellant
Versus
State of Maharashtra - Respondent
Writ Petition No. 8822 of 2022, Interim Application No. 20081 of 2022, Interim Application No. 17536 of 2022
Decided On : 01-11-2023
| Table of Content |
|---|
| 1. jurisdiction of the caste scrutiny committee (Para 2 , 3 , 4 , 5 , 6) |
| 2. details of petitioners' caste validity certificates (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. arguments against review jurisdiction of the committee (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. court’s analysis of review powers and jurisdiction (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 5. final conclusion on review of caste validity (Para 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62) |
JUDGMENT/ORDER
G.S.KULKARNI, J. - Rule, made returnable forthwith. Respondents waive service. By consent of the parties, heard finally.
2. These are ten petitions filed under Article 226 of the Constitution of India. Each of these petitions assail orders passed by the Caste Scrutiny Committee constituted under the 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 (for short, "2000 Act"), whereby the Caste Scrutiny Committee by exercising a suo motu power of review has recalled the earlier orders granting validity to the tribe/caste certificates of the petitioners.
3. As these petitions involve common questions of law they are being decided by this common judgment.
4. The petitioners in these petitions belong to Scheduled Tribes- KoliMahadeo, Thakur and Thakar respectively. They were issued tribe/caste certificates by the concerned designated officers depicting that they belong to the said Scheduled Tribes. The tribe/caste certificates were validated by the Caste Scrutiny Committee many years back as may be discussed in the later part of the judgment. The question which arises for consideration is as to whether the Caste Scrutiny Committee as constituted under the 2000 Act would have jurisdiction to "suo motu review" its past orders granting Caste Validity Certificates to the petitioners.
5. It is not in dispute that many years back, Caste Validity Certificates were granted to the petitioners, under the orders passed by the Caste Scrutiny Committee. Also the petitioners had altered their position having acted upon the Caste Validity Certificates, inter alia in regard to securing employment, education facilities etc. Thus, after long years of the validity being conferred by the Caste Scrutiny Committee to the petitioner's tribe/caste certificates, such decision granting validity to their tribe/caste certificates was sought to be reviewed by the Caste Scrutiny Committee, resulting in revocation/recalling such orders granting validity to the tribe/caste certificates of the petitioners.
6. For convenience, we divide this batch of petitions into two groups. The first batch of petitions raise a challenge to the orders passed by the Caste Scrutiny Committee recalling the earlier decision granting validity to the tribe/caste certificates issued in favour of the petitioners. The second group of petitions challenge a show cause notice issued by the Caste Scrutiny Committee calling upon the petitioners as to why in exercise of the suo motu powers of review, the orders granting validity to the tribe/caste certificates of the petitioners be not recalled.
7. The first batch of petitions are:-
(ii) Writ Petition No. 9071 of 2022 ( Pravin Rohidas Garud vs. State of Maharashtra and Ors. ),
(iii) Writ Petition No. 9072 of 2022 ( Ramdas Nagu Garud vs. State of Maharashtra and Ors. ),
(iv) Writ Petition No. 9073 of 2022 ( Rohidas Nagu Garud vs. State of Maharashtra and Ors. ),
(v) Writ Petition No. 9074 of 2022 (Priyanka Ramdas Garud @ Mrs. Priya W/o. Yogesh Manmat vs. State of Maharashtra & Ors.),
(vi) Writ Petition No. 9075 of 2022 (Nilima Rohidas Garud @ Mrs. Nilima W/o. Sachin Nikam vs. State of Maharashtra
Caste Scrutiny Committee lacks jurisdiction to suo motu review validity certificates; review powers must be statutory, not inherent.
The main legal point established in the judgment is that the Caste Scrutiny Committee has no powers to review its own orders granting caste validity certificates and that the legislature consciously ....
The Scrutiny Committee cannot recall validity certificates absent explicit legislative power for review, even in instances of fraud or misrepresentation.
The main legal point established in the judgment is that the Scrutiny Committee had no statutory power to re-examine a Caste Validity Certificate already issued, and thus, the cancellation was withou....
(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, distu....
The main legal point established in the judgment is that the Caste Scrutiny Committee has no inherent power of review under the Act of 2000 and rules framed thereunder. Additionally, the power to can....
The main legal point established in the judgment is that the Scrutiny Committee does not have jurisdiction to issue show cause notices for cancellation of validity certificates without finding of fra....
Scrutiny Committees must prioritize documentary evidence including pre-constitutional records and blood relatives' validity certificates over non-conclusive affinity test when verifying tribe claims,....
The court's decision emphasized the importance of establishing genealogy and substantiating claims in caste certificate scrutiny cases, as well as the limited scope of scrutiny by the court.
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