The Scrutiny Committee cannot recall validity certificates absent explicit legislative power for review, even in instances of fraud or misrepresentation.

ORDER :

MANISH PITALE, J.

1. In these petitions the Petitioners have challenged orders dated 15.05.2025 passed by the Respondent – Scrutiny Committee, whereby, earlier orders granting validity certificates to the tribe claims of the petitioners have been cancelled and their claims have been invalidated. The Scrutiny Committee has exercised power, in effect, to recall its own earlier orders on the ground that such orders were obtained by the petitioners on the basis of suppressions and misrepresentations.

2. The learned counsel for the Petitioners in these petitions have relied upon judgment of this Court in the case of Rakesh Bhimashankar Umbarje Vs. State of Maharashtra and Ors. ; 2023 63 OnLine Bom 1013 to contend that the Scrutiny Committee does not have the power to recall or review its own orders, even if issues of fraud or misrepresentation arise. It is contended that since the Scrutiny Committee is a creature of a statute i.e. 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 (herein after referred to as the Act of 2000), which does not provide for power of review, the impugned orders are unsustainable.

3. It is specifically submitted on behalf of the petitioners that this Court on earlier occasions, by relying upon the said judgment, has stayed such orders and even suo moto notices for recalling of earlier orders have been stayed by this Court on the basis of the said position of law.

4. The learned counsel for the Petitioners also relied upon judgments of this Court in the cases of Bharat Nagu Garud Vs. State of Maharashtra and Ors. ; 2024 (7) ALL MR 45 and Anil Shivram Bandawar Vs. District Caste Certificate Verification Committee and another ; 2021 (5) Mh.L.J. 345.

5. The learned AGPs submit that various benches of this Court have taken the view that since fraud vitiates everything, despite absence of power in the Scrutiny Committee to review its own orders, it would still not denude the Scrutiny Committee of its power of revisiting an order which is obtained on the basis of fraud or misrepresentation. In this context reliance is placed on judgment of this Court in the case of Rajeshwar Baburao Bone Vs. State of Maharashtra and another (Judgment and Order dated 17.12.2013 passed in Writ Petition No.5160/2012, which was confirmed by the Supreme Court in its Judgment in the case of Rajeshwar Baburao Bone Vs. State of Maharashtra and another ; (2015) 14 SCC 497. Reliance was also placed on other judgments of different benches of this Court such as Shakila Begum Faiyyazuddin Vs. The State of Maharashtra and Ors. (Judgment and order dated 26.04.2018 passed in Writ Petition No.7518/2016), Jyoti Sheshrao Mupde Vs. State of Maharashtra and Ors. (Order dated 22.08.2012 passed in Writ Petition No.1954/2009), Sangita Sharad Kolse Vs. State of Maharashtra and Ors. ; 2006 SCC OnLine Bom 1743, Vishnu Rajaram Thakar Vs. State of Maharashtra and Anr. ; 2022(3) Mh.L.J.629 and Farha Ashfaqali Shaha Vs. Member Secretary and Research Officer, Caste Certificate Scrutiny Committee; 2019 SCC OnLine Bom 4206.

6. We are of the opini