Case Note & Summary
The petitioner, Swapnil Baban Shinde, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 7th February 2023 passed by the District Caste Certificate Scrutiny Committee, Pune (Respondent No.2). The impugned order disallowed the petitioner's claim of belonging to the 'Kunbi' caste, which is recognized as Other Backward Class (OBC) in Maharashtra, and declared the caste certificate issued to him on 18th December 2020 by the Sub-Divisional Officer, Maval Mulshi sub-division, as invalid. The petitioner had contested and won the election from Ward No. 4, Gram Panchayat Kasar Amboli, Taluka Mulshi, District Pune, which was reserved for OBC. Respondent No.5, who lost the election, filed a complaint before Respondent No.2. Initially, Respondent No.2 validated the caste certificate by order dated 9th April 2021, but that order was challenged. The court noted that the Scrutiny Committee had not considered relevant documents, including pre-constitutional revenue records and school records of the petitioner's ancestors, which were crucial for determining the caste claim. The court held that the impugned order was passed in violation of principles of natural justice and was unsustainable. Consequently, the court quashed the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing the committee to consider all relevant documents and pass a reasoned order within a specified period.
Headnote
A) Caste Certificate - Scrutiny Committee - Invalidity of Order - The Scrutiny Committee invalidated the petitioner's Kunbi caste certificate without considering relevant documents such as pre-constitutional revenue records and school records of ancestors - Held that the order was passed in violation of principles of natural justice and was unsustainable (Paras 1-10). B) Caste Certificate - Kunbi Caste - OBC - The petitioner claimed Kunbi caste, recognized as OBC in Maharashtra, and was issued a caste certificate on 18th December 2020 - The Committee initially validated the certificate but later invalidated it after a complaint by a rival candidate - Held that the Committee failed to conduct a proper inquiry (Paras 3-8). C) Caste Certificate - Scrutiny Committee - Duty to Consider Documents - The Committee must consider all relevant documents including pre-constitutional revenue records, school leaving certificates, and other evidence - Failure to do so renders the order invalid - Held that the impugned order was quashed and the matter remitted for fresh consideration (Paras 9-10).
Issue of Consideration
Whether the impugned order of the District Caste Certificate Scrutiny Committee invalidating the petitioner's Kunbi caste certificate is sustainable in law.
Final Decision
The impugned order dated 7th February 2023 is quashed and set aside. The matter is remitted back to Respondent No.2 for fresh consideration. Respondent No.2 shall consider all relevant documents and pass a reasoned order within a period of eight weeks from the date of receipt of the order.
Law Points
- Caste Scrutiny Committee must consider all relevant documents
- including pre-constitutional and revenue records
- before invalidating a caste certificate
- failure to do so violates principles of natural justice and renders the order unsustainable.
