Case Note & Summary
The petitioners, Amarnath (since deceased, represented by his wife Rajani) and Raghvendra, were real brothers who had been issued caste certificates in 1979 by the Executive Magistrate, Jalgaon, certifying that they belonged to the 'Thakur' Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950. Amarnath was appointed as an Art Electrician by the Maharashtra State Road Transport Corporation (MSRTC) against a post reserved for Scheduled Tribes, and Raghvendra was employed in the police department. In 2019, the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, passed an order invalidating both certificates, leading to the filing of two writ petitions. The petitioners challenged the Committee's order on the grounds that it lacked jurisdiction, was based on irrelevant material, and ignored the fact that the certificates had been acted upon for over 40 years. The High Court held that the Committee had no jurisdiction to reopen the settled claims without any fresh material or allegation of fraud. The Court noted that the certificates were issued by a competent authority and had been accepted by the employers for decades. The Committee's order was quashed, and the respondents were directed to treat the certificates as valid and continue the benefits. The Court also allowed the civil application for substitution of the legal heir of the deceased petitioner.
Headnote
A) Caste Certificate Scrutiny - Jurisdiction of Scrutiny Committee - Reopening of Settled Claims - The Scrutiny Committee cannot reopen a caste claim that has been finally decided or acted upon for a long period without fresh material or fraud. The Committee's order invalidating certificates issued in 1979 was set aside as it lacked jurisdiction and was based on irrelevant considerations. (Paras 2-10) B) Scheduled Tribe Certificate - Validity - Estoppel - Once a caste certificate is issued by a competent authority and acted upon for decades, the holder acquires a right and the Committee cannot arbitrarily invalidate it without cogent evidence. The petitioners' certificates were valid and the Committee's order was quashed. (Paras 5-10) C) Constitution (Scheduled Tribe) Order 1950 - Interpretation - 'Thakur' Tribe - The term 'Thakur' in the context of the Order includes the community to which the petitioners belong. The Committee erred in holding otherwise. (Paras 4-6)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee had jurisdiction to invalidate caste certificates issued in 1979 to the petitioners, which had been acted upon for decades, and whether the Committee's order was sustainable in law.
Final Decision
The petitions are allowed. The impugned order dated 23 July 2019 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar is quashed and set aside. The respondents are directed to treat the caste certificates of the petitioners as valid and continue all benefits. Rule is made absolute accordingly. Civil Application No. 7644 of 2021 is allowed.
Law Points
- Caste Certificate Scrutiny
- Jurisdiction of Scrutiny Committee
- Res Judicata
- Estoppel
- Validity of Caste Certificates
- Scheduled Tribe Certificate
- Constitution (Scheduled Tribe) Order 1950
