Case Note & Summary
The petitioner, Arvind S/o Baliram Deshatwad, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging an order dated 13.05.2022 passed by the Scheduled Tribe Certificate Verification Committee, Kinwat. The Committee had rejected the petitioner's caste claim as belonging to the 'Mannervarlu' Scheduled Tribe. The petitioner, a 20-year-old student, had been issued a caste certificate by the Competent Authority, which was referred for verification to the Committee. The petitioner's claim was supported by a validity certificate of his real uncle, Pandurang Vitthal Deshatwad, dated 03.06.2011, and other documents. The Committee, on its own, examined the record of the uncle's validity and found that the claim of the petitioner's cousin uncle, Vishwanath Mahajan Deshatwad, had been invalidated in 1998. The Committee concluded that the real uncle had obtained his validity by suppressing this fact, and therefore invalidated the petitioner's claim. The petitioner argued that he was not given any opportunity to furnish his explanation regarding the alleged suppression. The petitioner further contended that the validity of his real uncle was issued after due process and a vigilance inquiry, and even excluding the validity of Vishwanath, the real uncle's validity could be maintained, and his caste claim could have been positively considered as a close relative. The learned AGP opposed the petition and justified the Committee's order. The Court considered the submissions and perused the original record. The Court found that the Committee had not given the petitioner any opportunity to explain the alleged suppression, which violated principles of natural justice. The Court also noted that the real uncle's validity certificate was issued after due process and a vigilance inquiry, and the Committee ought to have considered it independently. The Court set aside the impugned order and remanded the matter to the Committee for fresh consideration, directing the Committee to give the petitioner an opportunity of hearing and to consider the validity of the real uncle. The petition was allowed in those terms.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Caste Claim Verification - The petitioner challenged the order of the Scheduled Tribe Certificate Verification Committee rejecting his caste claim as 'Mannervarlu' Scheduled Tribe. The Committee relied on the invalidation of a cousin uncle's claim in 1998 and alleged suppression by the real uncle. The Court held that the petitioner was not given any opportunity to furnish his explanation regarding the alleged suppression, violating principles of natural justice. (Paras 2-5) B) Service Law - Scheduled Tribe Certificate - Validity of Blood Relative - The petitioner's real uncle had obtained a validity certificate on 03.06.2011 after due process and vigilance inquiry. The Court held that the Committee ought to have considered the validity of the real uncle independently, and the petitioner's claim could have been positively considered being a close relative from the paternal side of the validity holder. (Paras 3-5)
Issue of Consideration
Whether the Scheduled Tribe Certificate Verification Committee could reject the petitioner's caste claim without giving him an opportunity to explain the alleged suppression of fact regarding his uncle's validity certificate.
Final Decision
The impugned order dated 13.05.2022 passed by respondent no.2 is set aside. The matter is remanded back to the Committee for fresh consideration. The Committee shall give an opportunity of hearing to the petitioner and consider the validity of the real uncle Pandurang Vitthal Deshatwad dated 03.06.2011. The petition is allowed in those terms.
Law Points
- Natural justice
- opportunity of hearing
- caste claim verification
- Scheduled Tribe certificate
- reliance on validity of blood relative
