Case Note & Summary
The petitioner, Rajanna Ganganna Rashalawar, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12.05.2016 (communicated on 06.08.2016) passed by the Divisional Caste Scrutiny Committee No.2, Aurangabad Division Latur, which invalidated his caste claim as belonging to the 'Madgi' Scheduled Caste. The petitioner is a resident of Village Bellori, Taluka Kinwat, District Nanded, and claimed that 'Madgi' is notified as a Scheduled Caste at serial no.35 in the Presidential Notification. He had obtained caste certificates from the Tahsildar, Kinwat on 15.05.1987 and 09.09.2004, and a subsequent certificate from the Sub-Divisional Officer on 09.09.2004. The petitioner was appointed as an Assistant Teacher in the Zilla Parishad, Nanded on 29.06.1998, not against a reserved seat. His caste claim was forwarded to the Scrutiny Committee in 2013. Before the Committee, he submitted all available documents, including his primary school record from 1980, as his forefathers were illiterate and no old school records were available. The Committee passed the impugned order invalidating his claim. The High Court observed that the Committee did not consider the primary school record from 1980 or the caste certificates issued by the Tahsildar and Sub-Divisional Officer. The Court held that the Committee's order was arbitrary and unsustainable. Consequently, the Court quashed the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing it to consider all documents on record and pass a reasoned order within three months. The petition was allowed in those terms.
Headnote
A) Caste Scrutiny - Scheduled Caste Claim - Validity of Scrutiny Committee Order - The Scrutiny Committee invalidated the petitioner's caste claim without considering the primary school record from 1980 and the caste certificates issued by the Tahsildar and Sub-Divisional Officer. The High Court held that the Committee's order was arbitrary and unsustainable as it failed to consider relevant documents. (Paras 7-8) B) Caste Scrutiny - Scheduled Caste Claim - Consideration of Documents - The petitioner submitted his primary school record from 1980 and caste certificates issued by the Tahsildar in 1987 and the Sub-Divisional Officer in 2004. The Committee did not consider these documents. The High Court held that the Committee must consider all relevant documents before arriving at a conclusion. (Paras 5-8) C) Caste Scrutiny - Scheduled Caste Claim - Remand - The High Court quashed the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing the Committee to consider all documents on record and pass a reasoned order within three months. (Para 8)
Issue of Consideration
Whether the impugned order passed by the Divisional Caste Scrutiny Committee invalidating the petitioner's caste claim as belonging to 'Madgi' Scheduled Caste is sustainable in law.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 12.05.2016 passed by the Divisional Caste Scrutiny Committee, and remitted the matter back to the Committee for fresh consideration. The Committee was directed to consider all documents on record and pass a reasoned order within three months from the date of the judgment.
Law Points
- Caste Scrutiny Committee must consider all relevant documents
- including primary school records and caste certificates issued by competent authorities
- before invalidating a caste claim
- non-consideration of material evidence renders the order arbitrary and liable to be quashed.
