Case Note & Summary
The petitioner, Arshad Faizan Shah, challenged an order dated 07.11.2019 passed by the District Caste Verification and Scrutiny Committee, Amravati, which invalidated his claim for the caste 'Chhaparband, Vimukta Jati (A)'. The petitioner's father had been granted a Caste Validity Certificate for the same caste on 05.12.2009 by the same committee. The petitioner produced this certificate before the committee, but the committee still rejected his claim. The High Court noted that when the matter was initially listed on 17.12.2019, it had stayed the operation of the committee's order. The respondents did not file any reply to the petition or to the civil application filed by the petitioner for expeditious disposal. The court held that the committee's order was quasi-judicial and could not be supplemented by additional reasons through an affidavit. Since the father's caste validity certificate was already granted and no contrary material was shown, the court quashed the impugned order and directed the committee to issue a caste validity certificate to the petitioner within four weeks.
Headnote
A) Caste Scrutiny - Validity Certificate - Consistency - Principle of Consistency - The Scrutiny Committee, having granted a Caste Validity Certificate to the petitioner's father for the same caste, cannot invalidate the petitioner's claim without showing any contrary material. The committee's order is quasi-judicial and cannot be supplemented by additional reasons. (Paras 2-5) B) Caste Scrutiny - Quasi-Judicial Order - Reasons - The order passed by the Scrutiny Committee is in exercise of quasi-judicial power recording reasons for rejection, which cannot be supplemented by additional reasons by filing an affidavit. (Para 4)
Issue of Consideration
Whether the District Caste Verification and Scrutiny Committee could invalidate the petitioner's claim for Chhaparband, Vimukta Jati (A) caste when the petitioner's father had already been granted a Caste Validity Certificate for the same caste by the same committee.
Final Decision
The impugned order dated 07.11.2019 passed by the District Caste Verification and Scrutiny Committee, Amravati is quashed and set aside. The committee is directed to issue Caste Validity Certificate to the petitioner within a period of four weeks from the date of receipt of the order.
Law Points
- Caste Scrutiny Committee must follow its own earlier decision granting caste validity to father for same caste
- principle of consistency
- quasi-judicial order cannot be supplemented by additional reasons
- burden on committee to show contrary material
