Case Note & Summary
The petitioner, Anil Shivram Bandawar, was issued a Caste Validity Certificate on 17/12/2009 by the Scrutiny Committee certifying that he belongs to Zade-Nomadic Tribe-C. Subsequently, the petitioner's nephew sought verification of his caste certificate and relied on the petitioner's Validity Certificate. During the verification process, the Research Officer and Member Secretary of the District Caste Certificate Verification Committee, Gadchiroli, issued a show cause notice to the petitioner on 15/03/2019 calling upon him to submit documents on the basis of which the Validity Certificate was issued, in light of an old revenue record of 1920-24 indicating the entry 'Zade-Kunbi' pertaining to the petitioner's predecessors. The petitioner responded on 22/04/2019 submitting relevant documents and restating his claim. However, the Committee by order dated 23/10/2019 cancelled the Validity Certificate on the ground that it was issued without a Vigilance Cell report and without any enquiry, and that the petitioner had not referred to the revenue entries of 1920-24. The petitioner challenged this order by way of a writ petition under Articles 226 and 227 of the Constitution of India. The High Court held that the Committee had no jurisdiction to cancel the Validity Certificate without issuing a show cause notice and without affording an opportunity of hearing to the petitioner. The impugned order was passed in violation of principles of natural justice and was therefore unsustainable. The Court set aside the order and remitted the matter back to the Committee for fresh consideration after giving the petitioner an opportunity of hearing. The Court also directed that the petitioner be permitted to appear before the Committee on a specified date and that the Committee shall decide the matter afresh within three months.
Headnote
A) Caste Certificate - Cancellation of Validity Certificate - Violation of Natural Justice - The Committee cancelled the Validity Certificate without issuing a show cause notice or providing an opportunity of hearing to the petitioner, which is a jurisdictional error and violative of principles of natural justice - Held that the impugned order is unsustainable and liable to be set aside (Paras 4-6).
Issue of Consideration
Whether the District Caste Certificate Verification Committee had jurisdiction to cancel the Caste Validity Certificate issued to the petitioner without issuing a show cause notice and without affording an opportunity of hearing, and whether the impugned order was passed in violation of principles of natural justice.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 23/10/2019, and remitted the matter back to the District Caste Certificate Verification Committee for fresh consideration after giving the petitioner an opportunity of hearing. The petitioner was directed to appear before the Committee on 23/08/2021, and the Committee was directed to decide the matter afresh within three months from that date.
Law Points
- Natural justice
- Caste validity certificate cancellation
- Show cause notice requirement
- Opportunity of hearing
- Jurisdictional error
Case Details
2021 LawText (BOM) (07) 69
Writ Petition No. 8107 of 2019
Dipankar Datta, C.J., A. S. Chandurkar, J.
Shri Rohit Joshi for petitioner, Ms N. P. Mehta for respondent No. 1, Shri Sachin Zoting for respondent No.2
Anil s/o Shivram Bandawar
1. The District Caste Certificate Verification Committee, Gadchiroli, through its Member Secretary, 2. The Zilla Parishad, Gadchiroli, through its Chief Executive Officer
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging cancellation of Caste Validity Certificate
Remedy Sought
Petitioner sought quashing of order dated 23/10/2019 cancelling his Caste Validity Certificate
Filing Reason
The District Caste Certificate Verification Committee cancelled the petitioner's Caste Validity Certificate without issuing a show cause notice and without affording an opportunity of hearing, in violation of principles of natural justice
Previous Decisions
The Scrutiny Committee had issued a Caste Validity Certificate to the petitioner on 17/12/2009. The District Caste Certificate Verification Committee cancelled it on 23/10/2019.
Issues
Whether the Committee had jurisdiction to cancel the Validity Certificate without issuing a show cause notice and without affording an opportunity of hearing?
Whether the impugned order was passed in violation of principles of natural justice?
Submissions/Arguments
Petitioner argued that the impugned order was passed without jurisdiction and in violation of natural justice as no show cause notice was issued and no opportunity of hearing was given before cancellation.
Respondents argued that the Validity Certificate was issued without Vigilance Cell report and without enquiry, and that the petitioner had not disclosed relevant revenue entries.
Ratio Decidendi
A Caste Validity Certificate cannot be cancelled without issuing a show cause notice and without affording an opportunity of hearing to the certificate holder. Any order passed in violation of principles of natural justice is without jurisdiction and unsustainable.
Judgment Excerpts
The order dated 23/10/2019 passed by the District Caste Certificate Verification Committee, Gadchiroli cancelling the Caste Validity Certificate issued to the petitioner on 17/12/2009 is under challenge in this writ petition...
The Scrutiny Committee by its order dated 23/10/2019 found that the petitioner had been issued the Validity Certificate without the report of the Vigilance Cell being called and in the absence of any enquiry by the Vigilance Cell.
The Committee had no jurisdiction to cancel the Validity Certificate without issuing a show cause notice and without affording an opportunity of hearing to the petitioner.
Procedural History
The petitioner was issued a Caste Validity Certificate on 17/12/2009. On 15/03/2019, a show cause notice was issued to the petitioner by the Research Officer and Member Secretary of the Scrutiny Committee. The petitioner responded on 22/04/2019. The Committee passed the impugned order on 23/10/2019 cancelling the Validity Certificate. The petitioner filed the present writ petition on an unspecified date.
Acts & Sections
- Constitution of India: Articles 226, 227
