Case Note & Summary
The petitioner, Shri Vijaysing Ajabsing Patil, filed a writ petition before the Bombay High Court challenging an order dated 15 March 2021 passed by the District Caste Verification Committee, Thane (Respondent No.1), which invalidated his caste certificate claiming to belong to the 'Rajput Bhamta' caste, a V.J. category. The petitioner had been issued a caste certificate on 6 August 1993 by the Competent Officer. He submitted a proposal for caste verification on 4 April 2003, and the Vigilance Cell submitted a report on 25 July 2003 indicating his caste appeared to be 'Rajput Bhamta'. Subsequently, the petitioner was directed to file a fresh proposal, which he did on 24 November 2010, and also submitted written submissions on 18 June 2013. Despite consistent follow-ups, the petitioner was not informed of the outcome until he received a notice dated 13 January 2021 from the Divisional Joint Registrar of Co-operative Societies (Respondent No.2) calling him for a hearing on 28 January 2021. The petitioner attended the hearing, but the impugned order was passed by Respondent No.1, not Respondent No.2, and the petitioner was not heard by Respondent No.1 before the order was passed. The petitioner argued that the order was in gross violation of principles of natural justice as he was not given an opportunity of hearing by the Committee that passed the order. The respondents contended that the petitioner was given an opportunity and that the order was valid. The Court, after hearing both sides, found that the notice for hearing was issued by Respondent No.2, not Respondent No.1, and there was no material to show that the petitioner was heard by Respondent No.1 before passing the impugned order. The Court held that the order was passed in gross violation of principles of natural justice and quashed it, remanding the matter to Respondent No.1 for fresh consideration after giving the petitioner a reasonable opportunity of hearing. The Court also noted the inordinate delay of 18 years in the proceedings but did not base its decision solely on that ground.
Headnote
A) Caste Verification - Natural Justice - Opportunity of 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 petitioner's caste certificate was invalidated by the District Caste Verification Committee without providing him an opportunity of hearing, as the notice for hearing was issued by the Divisional Joint Registrar, not the Committee, and the petitioner was not heard before the impugned order. The Court held that the order was passed in gross violation of principles of natural justice and quashed it, remanding the matter for fresh consideration after hearing the petitioner. (Paras 1-10)
B) Caste Verification - Delay in Proceedings - Laches - The petitioner submitted his proposal for caste verification in 2003, and the Committee took nearly 18 years to pass the impugned order. The Court noted the inordinate delay but did not base its decision solely on that ground, focusing instead on the violation of natural justice. (Paras 2-4)
Issue of Consideration
Whether the impugned order invalidating the petitioner's caste certificate was passed in violation of principles of natural justice and whether the petitioner was afforded a reasonable opportunity of hearing.
Final Decision
The impugned order dated 15 March 2021 passed by Respondent No.1 is quashed and set aside. The matter is remanded back to Respondent No.1 for fresh consideration after giving the petitioner a reasonable opportunity of hearing. The petition is disposed of accordingly.
Law Points
- Natural justice
- Caste verification
- Opportunity of hearing
- Quashing of order
- Remand
Case Details
2021 LawText (BOM) (04) 20
WRIT PETITION (ST.) NO. 7238 OF 2021
Mr. Prasad Kulkarni a/w. Mr. C.S. Patil for Petitioner; Mrs. S.S. Bhende, AGP for State
Shri Vijaysing Ajabsing Patil
Research Officer/ Member Secretary, District Caste Verification Committee, Thane; Divisional Joint Registrar, Co-op. Society, Kokan Division; The State of Maharashtra
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Nature of Litigation
Writ petition challenging the order of the District Caste Verification Committee invalidating the petitioner's caste certificate.
Remedy Sought
Quashing and setting aside of the order dated 15 March 2021 passed by Respondent No.1 invalidating the petitioner's caste claim as 'Rajput Bhamta'.
Filing Reason
The petitioner's caste certificate was invalidated without giving him an opportunity of hearing by the Committee that passed the order, in violation of principles of natural justice.
Previous Decisions
The petitioner had been issued a caste certificate on 6 August 1993. The Vigilance Cell report dated 25 July 2003 indicated his caste appeared to be 'Rajput Bhamta'. The petitioner submitted a fresh proposal on 24 November 2010 and written submissions on 18 June 2013. The impugned order was passed on 15 March 2021.
Issues
Whether the impugned order invalidating the petitioner's caste certificate was passed in violation of principles of natural justice?
Whether the petitioner was afforded a reasonable opportunity of hearing before the order was passed?
Submissions/Arguments
Petitioner argued that the notice for hearing was issued by Respondent No.2, not Respondent No.1, and the petitioner was not heard by Respondent No.1 before passing the impugned order, violating natural justice.
Respondents argued that the petitioner was given an opportunity of hearing and the order was valid.
Ratio Decidendi
An order invalidating a caste certificate must be passed after affording the certificate holder a reasonable opportunity of hearing. Where the notice for hearing is issued by an authority different from the one passing the order, and there is no evidence that the petitioner was heard by the latter, the order is in gross violation of principles of natural justice and liable to be quashed.
Judgment Excerpts
By this Petition, the Petitioner is seeking quashing and setting aside the order dated 15th March 2021 passed by Respondent No.1-District Caste Verification Committee, Thane invalidating the caste claim of the Petitioner as 'Rajput Bhamta'.
He submits that to his shock and surprise, he received notice issued by the Respondent No.2 dated 13th January 2021 Additional Joint Registrar of Co-operative Societies, Konkan Division, Navi Mumbai whereby Petitioner was called for hearing scheduled on 28th January 2021.
The impugned order is passed by Respondent No.1 and not by Respondent No.2. There is nothing on record to show that the Petitioner was heard by Respondent No.1 before passing the impugned order. Therefore, the impugned order is in gross violation of principles of natural justice.
Procedural History
The petitioner was issued a caste certificate on 6 August 1993. He submitted a proposal for caste verification on 4 April 2003. The Vigilance Cell submitted its report on 25 July 2003. The petitioner submitted a fresh proposal on 24 November 2010 and written submissions on 18 June 2013. He received a notice from Respondent No.2 on 13 January 2021 for a hearing on 28 January 2021. The impugned order invalidating the caste certificate was passed by Respondent No.1 on 15 March 2021. The petitioner filed the present writ petition challenging the order.
Acts & Sections
- 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:
