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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.5153/2008

Ishwar Shrirang Gaware

Petitioner

Vs.

The State of Maharashtra & Ors.

Respondents

Mr.A.M.Joshi for the petitioner

Mr.P.S.Cardozo,AGP for the State

CORAM : V.C.Daga,&

Mrs.Mridula Bhatkar,JJ.

Date : 30^h March,2009.

P.C.

.

This petition is directed against the order dated 27/3/2008

passed by the Scrutiny Committee in case no.323 /2003 whereby a

Tribe Certificate claimed by the petitioner came to be rejected. On

being noticed the respondent nos.1 & 2 have filed affidavit in reply

and brought to our notice that earlier the petitioner had applied for

verification and certification of tribe claim which was rejected by an

order dated 20/5/1997. The relevant part of the affidavit reads as

under :-

Petitioner also filed affidavit in Form ''E' ' dated

02/06/2004 in which it is specifically mentioned that ''

No Scheduled Tribe Certificate any of my relatives from

paternal side is ever held invalid by the Committee''.

Petitioner also submitted information in Form ' 'E'' in

column 17(a) in which it is asked that '' Whether any of

the member of family claim was invalidated/validated by

the Committee''. The applicant has replied to this

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question as ' 'No''. From above discussion petitioner

intentionally suppressed the fact from Committee and his

employer also. Even in the instant petition, the petitioner

suppressed the said fact from the Hon'ble Court also.

Therefore petitioner has no right to approach before

Hon' ble High Court.

It is settled position in law that who wants

justice,must come with clean hands before the

Court,tribunal.The Hon'ble Supreme Court in celebrated

case of

S.P.Chengalvaraya Naidu V/s Jagannath AIR

1994 SCW 243

has held that -

'' The courts of law are meant for imparting justice

between the parties. One who comes to the court,must

come with clean hands. It can be said without hesitation

that a person whose case is based on falsehood has no

right to approach the Court. He can be summarily

thrown out at any stage of the litigation. A litigant,who

approaches the court,is bound to produce all the

documents executed by him which are relevant to the

litigation. If he withholds a vital document in order to

gain advantage on the other side then he would be guilty

of paying fraud on the court as well as on the opposite

party''.

Learned A.G.P.has produced original record with original

order dated 20/5/1997 whereby the tribe claim of the petitioner was

invalidated. The petitioner suppressed this fact and again approached

the Scrutiny Committee on second occasion to try his luck so as to

obtain the tribe validity certificate. This fact has neither been disclosed

by the petitioner either to the Scrutiny Committee or to this Court.

The suppression of the fact is writ-large . Needless to mention that in

view of the Apex Court Judgment in S.P.Chengalvaraya Naidu V/s

Jagannath AIR 1994 SCW 243 the petitioner is not entitled to

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discretionary equitable relief from this Court. The Hon'ble Apex Court

in the abovesaid judgment has observed as under :

'' The courts of law are meant for imparting justice

between the parties. One who comes to the court,must

come with clean hands. It can be said without hesitation

that a person whose case is based on falsehood has no

right to approach the Court. He can be summarily

thrown out at any stage of the litigation. A litigant,who

approaches the court,is bound to produce all the

documents executed by him which are relevant to the

litigation. If he withholds a vital document in order to

gain advantage on the other side then he would be guilty

of paying fraud on the court as well as on the opposite

party''.

The fraud played by the petitioner is apparent from the

office record. Under these circumstances the petition is liable to be

dismissed with heavy cost.

Th