Case Note & Summary
The Bombay High Court dealt with six writ petitions filed by blood relatives of the Wagh family challenging orders of the Scheduled Tribe Certificate Scrutiny Committee that recalled and cancelled their certificates of validity for Thakur Scheduled Tribe. The committee had initiated re-scrutiny after the High Court, in an earlier writ petition concerning Saniket Sambhaji Wagh, directed issuance of a validity certificate subject to the committee's decision in re-opened cases of other validity holders. The committee issued show cause notices alleging that the petitioners had suppressed contrary entries in old records (such as 'Bhat', 'Hindu Thakur', 'Hindu Thakur Magaslela', etc.) and thereby obtained validity certificates by fraud. The committee recalled the certificates of Sambhaji Dangal Wagh, Vijay Rajaram Wagh, and Smita Shantaram Wagh on 06-01-2022, and later recalled Kunal Bhagwan Wagh's certificate on 02-03-2022, and also cancelled certificates of Rohit Yuvraj Wagh, Varsha Yuvraj Wagh, Yuvraj Dangal Wagh, and Ritesh Shantaram Wagh by a separate order. The petitioners challenged these orders. The court held that while the committee has the power to re-open cases on allegations of fraud (relying on Rajeshwar Baburao Bone v. State of Maharashtra and Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar), fraud must be strictly proved. The committee failed to demonstrate that the petitioners had knowledge of the alleged contrary entries and intentionally suppressed them. The court found that the committee merely made a bald statement of suppression without any material to show intentional withholding. Consequently, the court quashed the impugned orders and restored the certificates of validity, directing the committee to issue fresh validity certificates to the petitioners within four weeks.
Headnote
A) Scheduled Tribes - Validity Certificate - Recall/Cancellation - Power of Scrutiny Committee - Maharashtra Act No. XXIII of 2001, Section 7 - The committee has the power to re-open and recall certificates of validity if there is an allegation of fraud, as fraud vitiates everything. However, the committee must strictly prove fraud and cannot merely rely on preponderance of probabilities. (Paras 5-9) B) Scheduled Tribes - Fraud - Proof - Suppression of Material Facts - The committee must demonstrate that the validity holder intentionally and with knowledge suppressed contrary entries. Mere non-production of all old records or existence of contrary entries does not automatically prove fraud. (Paras 8-10) C) Scheduled Tribes - Validity Certificate - Re-opening - Condition Imposed by Court - Where a certificate of validity is issued subject to the outcome of re-opening of other validity holders' cases, the committee can re-examine the matter, but must still prove fraud strictly. (Para 4(d))
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee had the power to recall and cancel certificates of validity on the ground of fraud, and whether the committee properly proved fraud in the absence of evidence of intentional suppression.
Final Decision
The court allowed the writ petitions, quashed the impugned orders of the committee, and directed the committee to issue fresh certificates of validity to the petitioners within four weeks.
Law Points
- Fraud must be strictly proved
- not on preponderance of probabilities
- Committee has power to re-open validity certificates on allegation of fraud
- Suppression of record must be intentional and with knowledge to constitute fraud
- Mere non-production of all old records does not prove fraud.
