Case Note & Summary
The petitioner, Uzma Abrin Khan, a student of Shri Ayurved Mahavidyalaya, Nagpur, filed a writ petition challenging the order of the Caste Scrutiny Committee which rejected her claim for validation of her caste as 'Chhapparband'. The admitted position was that the Committee had not furnished a copy of the Vigilance Report to the petitioner before passing the adverse order. The High Court observed that the law requires that such a copy be furnished to the candidate. Consequently, the Court set aside the impugned order without going into the merits, leaving all issues open. The Caste Scrutiny Committee was directed to decide the matter afresh within six months from the date the petitioner appears before it, and the petitioner was directed to appear on 25th January 2010. The rule was made absolute in the above terms.
Headnote
A) Caste Scrutiny - Natural Justice - Furnishing of Vigilance Report - Requirement to supply copy of Vigilance Report to candidate before rejection - The Caste Scrutiny Committee rejected the petitioner's claim for validation of caste as 'Chhapparband' without furnishing a copy of the Vigilance Report. The High Court held that the law requires such a copy to be furnished, and set aside the order, remanding the matter for fresh decision within six months. (Paras 2-3)
Issue of Consideration
Whether the Caste Scrutiny Committee can reject a caste validation claim without furnishing a copy of the Vigilance Report to the candidate.
Final Decision
The impugned order is set aside. All issues are left open. The Caste Scrutiny Committee shall decide the matter within six months from the date the petitioner appears before it. The petitioner is directed to appear before the Caste Scrutiny Committee on 25th January 2010. Rule made absolute in above terms.
Law Points
- Natural justice
- Right to copy of adverse material
- Caste Scrutiny Committee must furnish Vigilance Report before rejection
