Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, Y. G. KHOBRAGADE
Santosh Anil Kolhe – Appellant
Versus
State of Maharashtra, Through It’s Secretary, Tribal Development Department – Respondent
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 t
The Scrutiny Committee cannot recall validity certificates absent explicit legislative power for review, even in instances of fraud or misrepresentation.
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 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 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 Scrutiny Committee does not have jurisdiction to issue show cause notices for cancellation of validity certificates without finding of fra....
The main legal point established in the judgment is the requirement for the Scrutiny Committee's procedure to comply with principles of natural justice and fair play, including providing the petition....
The court emphasized the importance of adhering to settled legal principles and the principles of appreciating the evidence in determining the validity of tribe certificates.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
