Case Note & Summary
The petitioner, Shridhar s/o Timaji Narnaware, belonging to the 'Mana Scheduled Tribe', was initially recruited as a Forest Labour on 8 March 1996 and later, after completing five years as a daily wager, was appointed as a Forest Guard through due process. His caste claim was forwarded to the Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli (respondent No.1) on 20 March 2009 along with all requisite documents. The petitioner contended that despite submitting documents, the Committee did not provide copies of documents relied upon by it and did not grant him an opportunity of hearing before passing the impugned order dated 31 March 2022, which invalidated his caste claim. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The Court observed that the Committee's order was passed in violation of principles of natural justice as the petitioner was not given copies of documents nor an opportunity of hearing. The Court noted that the Committee had relied on certain documents but did not provide them to the petitioner. Consequently, the Court quashed and set aside the impugned order and remitted the matter back to the Committee for fresh consideration. The Committee was directed to provide copies of all documents relied upon to the petitioner and grant him a reasonable opportunity of hearing, including the right to cross-examine any witnesses if necessary. The Committee was also directed to decide the matter afresh within three months from the date of receipt of the order. The writ petition was allowed in these terms.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to Hearing - Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - The Scrutiny Committee invalidated the petitioner's caste claim without providing copies of documents relied upon and without granting an opportunity of hearing. The Court held that such an order violates principles of natural justice and is unsustainable. (Paras 4-6) B) Service Law - Caste Claim Verification - Mana Scheduled Tribe - The petitioner, belonging to 'Mana Scheduled Tribe', was recruited as Forest Labour and later as Forest Guard. His caste claim was forwarded to the Scrutiny Committee in 2009. The Committee passed an order in 2022 invalidating the claim without following due process. The Court quashed the order and directed the Committee to decide afresh after providing documents and hearing the petitioner. (Paras 3-7)
Issue of Consideration
Whether the impugned order passed by the Scheduled Tribe Caste Certificate Scrutiny Committee invalidating the petitioner's caste claim is sustainable in law when the Committee failed to provide copies of documents relied upon and did not grant an opportunity of hearing to the petitioner.
Final Decision
The writ petition is allowed. The impugned order dated 31/03/2022 passed by respondent No.1 is quashed and set aside. The matter is remitted back to respondent No.1 for fresh consideration. Respondent No.1 shall provide copies of all documents relied upon to the petitioner and grant him a reasonable opportunity of hearing, including the right to cross-examine any witnesses if necessary. The Committee shall decide the matter afresh within three months from the date of receipt of the order.
Law Points
- Principles of natural justice
- opportunity of hearing
- caste claim verification
- Mana Scheduled Tribe
- Maharashtra Scheduled Castes
- Scheduled Tribes
- De-notified Tribes (Vimukta Jatis)
- Nomadic Tribes
- Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act
- 2000
- Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules
- 2012
