J. K. MAHESHWARI, SANJAY KAROL
Navneet Kaur Harbhajansing Kundles @ Navneet Kaur Ravi Rana – Appellant
Versus
State of Maharashtra – Respondent
Key Points: - The Supreme Court restored the Scrutiny Committee's 03.11.2017 validation order and set aside the High Court’s reversal, emphasizing that certiorari should not reappraise evidence unless perverse, and that Scrutiny Committee has the exclusive domain to evaluate caste claims. (!) (!) - Writ of certiorari is a supervisory remedy and should not substitute the appellate function by reweighing evidence, except where perversity or lack of jurisdiction is shown. (!) (!) - The Act (2000) and Rules (2012) assign finality to Scrutiny Committee decisions under Section 7(2) and provide that Vigilance Cell findings are not binding on the Committee, which conducts its own scrutiny and can finalize a decision with Form-20/22/24 as appropriate. (!) (!) (!) (!) - The Committee can validate claims based on documents and pedigree evidence, with objective evaluation of evidence and application of mind, and High Court should refrain from roving inquiries into credibility absent perverse findings. (!) (!) (!) - The decision to validate the appellant’s caste claim was upheld on remand, based on documents including a bona fide certificate and 1932 tenancy indenture, while noting the High Court’s overreach in reappraising evidence. (!) (!) (!) - The case clarifies that Presidential Order sub-castes need not be amended by the Court; the Court can adjudicate within the scope of existing legal framework and the Appellant’s genealogical claim. (!)
JUDGMENT :
J.K. MAHESHWARI, J.
1. The present appeals arise out of impugned common judgment and final order dated 08.06.2021 passed by Division Bench of High Court of Judicature at Bombay in three Writ Petitions. Out of the said three petitions, Writ Petition No. 3370 of 2018 and Writ Petition No. 2675 of 2019 were preferred by Anandra Vithoba Adsul and Raju Shamrao Mankar (Respondents herein), inter-alia seeking identical reliefs, i.e. issuance of writ of certiorari for quashing and setting aside order dated 03.11.2017 passed by District Caste Scrutiny Committee, Mumbai Suburban (hereinafter referred to as ‘Scrutiny Committee’) which validated the caste claim of Appellant herein as ‘Mochi - Scheduled Caste’ in Maharashtra. Conversely, Writ Petition (Lodging) No. 9426 of 2020 was filed by Appellant herein seeking writ of certiorari and setting aside the findings of Scrutiny Committee, particularly in Para 4 of order dated 03.11.2017 to the extent of ‘nonconsideration’ of oldest documents submitted by her, which as contended by her sustained and established her caste claim. The Division Bench vide common impugned judgment allowed the petitions of Anandra Vithoba Adsul and Raju Shamra
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