Case Note & Summary
The petitioner, Devanand Balajirao Chukewad, filed a writ petition under Article 226 of the Constitution of India challenging two orders: (1) the order dated 03-08-2017 passed by the Sub-Divisional Officer, Bhokar, District Nanded, which declined to issue him a Scheduled Tribe certificate as belonging to the 'Mannerwarlu' community; and (2) the order dated 23-03-2018 passed by the Scheduled Tribe Certificates Scrutiny Committee, Aurangabad, which rejected his appeal against the Sub-Divisional Officer's decision. The petitioner claimed that he belongs to the 'Mannerwarlu' Scheduled Tribe community and had obtained certificates from the Talathi, Sarpanch, and Gramsevak to that effect. When he approached the Sub-Divisional Officer, the competent authority under the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Classes Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, the officer directed an inquiry by the Circle Officer. The Circle Officer conducted an inquiry and submitted a report recommending that the petitioner indeed belongs to the 'Mannerwarlu' community and should be issued the certificate. The Executive Magistrate of Bhokar also made a similar recommendation. Despite these positive reports, the Sub-Divisional Officer rejected the application on 03-08-2017. The petitioner appealed to the Scrutiny Committee, which dismissed the appeal on 23-03-2018. The High Court noted that the Scrutiny Committee had not considered the affidavits of the petitioner's family members and other evidence on record. The court held that both impugned orders were unsustainable as they failed to consider relevant material and were passed in violation of principles of natural justice. Consequently, the High Court allowed the writ petition, quashed both orders, and remanded the matter to the Sub-Divisional Officer for fresh consideration. The Sub-Divisional Officer was directed to give the petitioner an opportunity of hearing and to consider all relevant evidence before passing a fresh order.
Headnote
A) Scheduled Tribes - Caste Certificate - Issuance - Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Classes Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - The petitioner sought a Scheduled Tribe certificate as 'Mannerwarlu'. The Sub-Divisional Officer rejected the application despite positive inquiry reports from the Circle Officer and Executive Magistrate. The Scrutiny Committee dismissed the appeal without considering the affidavits of family members and other evidence. Held that the impugned orders were unsustainable as they failed to consider relevant material and were passed in violation of principles of natural justice. (Paras 3-8) B) Administrative Law - Remand - Fresh Decision - The High Court set aside the orders of the Sub-Divisional Officer and the Scrutiny Committee and remanded the matter to the Sub-Divisional Officer for fresh consideration, directing that the petitioner be given an opportunity of hearing and that all relevant evidence be considered. (Para 8)
Issue of Consideration
Whether the rejection of the petitioner's application for a Scheduled Tribe certificate as belonging to 'Mannerwarlu' community by the Sub-Divisional Officer and the subsequent dismissal of the appeal by the Scrutiny Committee were sustainable in law.
Final Decision
The High Court allowed the writ petition, quashed the orders dated 03-08-2017 and 23-03-2018, and remanded the matter to the Sub-Divisional Officer for fresh consideration. The Sub-Divisional Officer was directed to give the petitioner an opportunity of hearing and to consider all relevant evidence before passing a fresh order.
Law Points
- Natural justice
- consideration of evidence
- remand for fresh decision
- Scheduled Tribe certificate issuance
