Case Note & Summary
The judgment before the Bombay High Court concerned three connected writ petitions arising from a dispute over the caste validity certificate of Miss Navneet Kaur Harbhajansing Kundles alias Mrs. Navneet Kaur Ravi Rana, who claimed 'Mochi' Scheduled Caste status. The first two petitions, Writ Petition No. 3370 of 2018 and Writ Petition No. 2675 of 2019, were filed by Shri Anandra Vithoba Adsul and Shri Raju Shamrao Mankar respectively, challenging the order dated 03.11.2017 passed by the District Caste Certificate Scrutiny Committee, Mumbai Suburban, which validated Navneet Kaur's caste claim. They also sought quashing of the caste certificate dated 30.08.2013 issued by the Deputy Collector, Mumbai. The third petition, Writ Petition (Lodging) No. 9426 of 2020, was filed by Navneet Kaur herself, seeking to quash a finding in para-4 of the impugned order regarding non-consideration of her oldest documents from 1894-1895, 1920-1921, 1936-1937, 1940-1941, and 1944-1945, and praying for declarations that those documents and her school leaving certificate establish her caste as 'Mochi' (Scheduled Caste).
Background of the dispute shows that Shri Anandra Adsul belonged to Hindu-Chambhar Caste, a recognized Scheduled Caste, and had contested the 2014 parliamentary election from Amravati constituency which was reserved for Scheduled Caste. Navneet Kaur also contested from the same constituency. Adsul alleged that Navneet Kaur, with the help of her father Harbhajansingh Ramsingh Kundles, fabricated records to obtain caste validity. Her father allegedly applied to the Gram Panchayat in 2012 to include his name in the birth register claiming birth on 17.04.1949, whereas his actual date of birth was 17.04.1954 and place of birth was Khokhara-Punjab, as per PAN card and passport. Navneet Kaur obtained a caste certificate dated 30.08.2013 from the Deputy Collector as 'Mochi'. She then applied to the Scrutiny Committee for caste validity, purportedly for employment as a Junior Clerk at Chetna College, Bandra. The Scrutiny Committee initially validated her claim on 11.09.2013, though the order mentioned a meeting date of 25.09.2013. This was alleged to have been obtained under the influence of her husband, Ravi Rana, an MLA.
Following complaints by Raju Mankar and Jayant Vanjari, the Committee referred the matter to the Vigilance Cell. The first Vigilance Cell report dated 12.02.2014 found the father's school leaving certificate to be forged. After Navneet Kaur requested a change of Vigilance officers, a fresh report dated 16.04.2014 still noted that the school entry of 'Mochi' was made later in 2013 and that the school did not exist at the relevant time. Raju Mankar filed Civil Writ Petition No. 325 of 2014, and on 28.06.2017 the High Court set aside the earlier validity certificate dated 25.09.2013, directing the Committee to give fresh hearing. The Committee then passed the impugned order dated 03.11.2017, accepting Navneet Kaur's caste claim based only on two documents: a bonafide certificate from Khalsa College mentioning caste as 'Sikh Chamar' and a rent agreement corroborating residence. The competing parties then filed the present writ petitions.
The provided judgment text does not include the court's analysis, arguments in detail beyond the factual allegations, or the final decision. It ends at the beginning of submissions by the senior counsel for the petitioner in Writ Petition No. 3370 of 2018. Therefore, the legal reasoning, ratio decidendi, and operative directions are not available from the extract.
Issue of Consideration
Whether the order dated 03.11.2017 passed by the District Caste Certificate Scrutiny Committee validating the 'Mochi' Scheduled Caste claim of Navneet Kaur is valid; whether the caste certificate dated 30.08.2013 issued by Deputy Collector is valid; whether the Scrutiny Committee erred in rejecting oldest documents and school leaving certificate.
Case Details
2021 LawText (BOM) (06) 18
Writ Petition No. 3370 of 2018; Writ Petition No. 2675 of 2019; Writ Petition (Lodging) No. 9426 of 2020
C.M. Korde, Sachin Thorat, Shyamsunder Solanki, Komal Mestri, Pramod Patil, Ajit Hon, P.K. Dhakephalkar, Ashok T. Gade, Sagar R. Jadhav, Navin B. Rathod, Sukanta Karmakar, Kedar Dighe, S.B. Gore
Shri Anandra Vithoba Adsul; Shri Raju Shamrao Mankar; Miss Navneet Kaur Harbhajansing Kundles @ Mrs. Navneet Kaur Ravi Rana
State of Maharashtra, Department of Social Justice and Social Welfare; District Caste Scrutiny Committee, Mumbai Suburban; and others
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Nature of Litigation
Writ petitions challenging the order of the District Caste Certificate Scrutiny Committee validating a 'Mochi' Scheduled Caste claim, and seeking quashing of the underlying caste certificate; a third petition seeks declarations that certain documents establish the caste claim.
Remedy Sought
In Writ Petition Nos. 3370 of 2018 and 2675 of 2019, the petitioners sought a writ of certiorari to quash and set aside the order dated 03.11.2017 passed by the District Caste Certificate Scrutiny Committee and the caste certificate dated 30.08.2013 issued by the Deputy Collector. In Writ Petition (Lodging) No. 9426 of 2020, the petitioner sought quashing of a finding in para-4 of the impugned order regarding non-consideration of oldest documents, and declarations that those documents and the school leaving certificate establish her caste as 'Mochi' (Scheduled Caste).
Filing Reason
The petitions were filed because the Scrutiny Committee accepted the caste claim of Navneet Kaur despite allegations that she used forged and fabricated documents to obtain the caste certificate for contesting the 2014 parliamentary election from a reserved constituency.
Previous Decisions
The High Court in Civil Writ Petition No. 325 of 2014 by order dated 28.06.2017 set aside the earlier caste validity certificate dated 25.09.2013 issued by the Scrutiny Committee and directed the Committee to give a fresh hearing and decide in accordance with law. Thereafter, the Committee passed the impugned order dated 03.11.2017.
Issues
Whether the order dated 03.11.2017 passed by the District Caste Certificate Scrutiny Committee validating the 'Mochi' Scheduled Caste claim of Navneet Kaur is valid.
Whether the caste certificate dated 30.08.2013 issued by the Deputy Collector is valid.
Whether the Scrutiny Committee erred in rejecting oldest documents and school leaving certificate.
Submissions/Arguments
The petitioners in Writ Petition Nos. 3370 of 2018 and 2675 of 2019 alleged that Navneet Kaur used forged and fabricated documents, including a false birth record of her father, to obtain the caste certificate, and that the Scrutiny Committee's order was influenced by her MLA husband.
The petitioner in Writ Petition (Lodging) No. 9426 of 2020 contended that her oldest documents from 1894-1895 to 1944-1945 and her school leaving certificate establish her caste as 'Mochi' (Scheduled Caste).
Judgment Excerpts
Rule, Respondents waive service. By consent of parties petitions were heard finally and are being disposed off by a common order.
The Office of the Deputy Collector, Mumbai District Suburban granted caste certificate dated 30.08.2013 of 'Mochi' to Respondent No. 3.
On 03.11.2017, the Respondent No. 2 Committee accepted the caste claim of Respondent No. 3 only on two documents i.e. bonafide certificate issued by Khalsa College of Arts, Science and Commerce in which the caste of Respondent No. 3 was mentioned as 'Sikh Chamar' and Rent Agreement which corroborates proof of residence appearing under the Khalsa College Register, which also mentioned address of forefathers of the Respondent No. 3.
By an order dated 28.06.2017 passed by this court, the said caste validity certificate dated 25.09.2013 issued by the Respondent No. 2 Committee came to be set aside.
Procedural History
Navneet Kaur obtained a caste certificate dated 30.08.2013 from the Deputy Collector as 'Mochi'. She applied to the Scrutiny Committee, which initially validated her claim on 11.09.2013. After complaints, the Vigilance Cell submitted reports on 12.02.2014 and 16.04.2014. Raju Mankar filed Civil Writ Petition No. 325 of 2014, and on 28.06.2017 the High Court set aside the validity certificate dated 25.09.2013 and remanded the matter. The Scrutiny Committee passed the impugned order dated 03.11.2017 validating the caste claim. The present three writ petitions were filed challenging that order and seeking related reliefs.
