Case Note & Summary
The petitioner, Seema Suryakant Mitkari, a minor student pursuing Electrical Engineering, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench. She challenged the order dated 13.8.2007 passed by the Divisional Caste Scrutiny Verification Committee, Aurangabad (respondent no.2), which invalidated her caste certificate. The petitioner claimed to belong to the 'Lingader' caste, which is notified as a Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950. On 5.7.2005, the Sub-Divisional Magistrate, Beed (respondent no.3), the competent authority, issued a caste certificate to the petitioner certifying that she belongs to the Lingader (34) caste. Subsequently, the Divisional Caste Scrutiny Verification Committee, without issuing any notice or providing an opportunity of hearing to the petitioner, passed the impugned order invalidating the said caste certificate. The petitioner contended that the Committee acted without jurisdiction and in violation of the principles of natural justice. The respondents did not file any counter affidavit. The High Court, after hearing the counsel, observed that the Committee had no jurisdiction to invalidate the certificate without notice or hearing. The court held that the impugned order was unsustainable in law and liable to be quashed. Accordingly, the court allowed the writ petition, quashed the order dated 13.8.2007, and directed the Committee to decide the matter afresh after giving an opportunity of hearing to the petitioner. Rule was made absolute accordingly.
Headnote
A) Constitutional Law - Scheduled Caste Certificate - Validity - Lingader Caste - The petitioner, a student, claimed to belong to 'Lingader' caste notified as Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950. The Sub-Divisional Magistrate issued a caste certificate on 5.7.2005. The Divisional Caste Scrutiny Verification Committee invalidated the certificate on 13.8.2007 without notice or hearing. The High Court held that the Committee acted without jurisdiction and in violation of principles of natural justice, and quashed the order. (Paras 5-8) B) Administrative Law - Natural Justice - Opportunity of Hearing - The Committee's order invalidating the caste certificate was passed without issuing any notice or affording an opportunity of hearing to the petitioner. The High Court held that such an order is unsustainable in law as it violates the principles of natural justice. (Para 8) C) Writ Jurisdiction - Article 226 of the Constitution of India - Quashing of Illegal Order - The petitioner filed a writ petition under Article 226 seeking quashing of the Committee's order. The High Court allowed the petition, set aside the impugned order, and directed the Committee to decide the matter afresh after giving an opportunity of hearing to the petitioner. (Paras 1, 9)
Issue of Consideration
Whether the Divisional Caste Scrutiny Verification Committee had jurisdiction to invalidate a caste certificate issued by the Sub-Divisional Magistrate without issuing notice or providing an opportunity of hearing to the petitioner.
Final Decision
The writ petition is allowed. The impugned order dated 13.8.2007 passed by respondent no.2 is quashed and set aside. The matter is remitted to respondent no.2 to decide afresh after giving an opportunity of hearing to the petitioner. Rule made absolute.
Law Points
- Natural justice
- Caste Scrutiny Committee jurisdiction
- Scheduled Caste certificate validity
- Lingader caste
- Constitution (Scheduled Caste) Order 1950
- Article 226
