Case Note & Summary
The petitioner, Inderchand Hiraman Sattawan (Pardeshi), claimed to belong to the 'Pardeshi' caste, which is notified as Other Backward Class. He obtained a caste certificate and applied to the Scrutiny Committee for verification. The Committee consisted of a Chairman and two Members. The Chairman was of the view that the petitioner had not proved his caste claim and invalidated it, while the two Members wrote a separate order validating the claim. Despite the majority decision in favor of the petitioner, the Committee did not issue the caste validity certificate due to the Chairman's dissent. The petitioner filed a writ petition seeking a direction to issue the certificate. The Court considered Rule 9 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, and relied on a Division Bench decision in Tahniyat Naazneen Mohd. Muniruddin v. State of Maharashtra, which held that the majority decision of the Committee is the view of the Committee and prevails even if the Chairman dissents. The Court allowed the petition, directing the Scrutiny Committee to issue the caste validity certificate to the petitioner within four weeks.
Headnote
A) Caste Certificate - Majority Decision - Rule 9 of Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 - The petitioner's caste claim was validated by two members of the Scrutiny Committee but the Chairman dissented. The Committee did not issue the validity certificate due to the dissent. The Court held that under Rule 9, the majority view of the Committee is the decision of the Committee and must be implemented. The Court directed the Committee to issue the caste validity certificate to the petitioner based on the majority decision. (Paras 4-6)
Issue of Consideration
Whether the majority decision of the Scrutiny Committee validating the petitioner's caste claim should be given effect despite the Chairman's dissenting opinion.
Final Decision
The Court allowed the writ petition and directed the Scrutiny Committee to issue the caste validity certificate to the petitioner within four weeks.
Law Points
- Majority decision of Scrutiny Committee prevails over Chairman's dissent
- Rule 9 of Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules
- 2003
Case Details
2012 LawText (BOM) (03) 13
Writ Petition No. 4413 of 2009
D.G. Karnik, S.B. Deshmukh
Mr. U.R. Awate (holding for Mr. S.B. Talekar) for petitioner, Mr. B.V. Wagh (Assistant Government Pleader) for respondent nos.1 to 3
Inderchand s/o. Hiraman Sattawan (Pardeshi)
The State of Maharashtra, The Scheduled Castes, Vimukta Jaties, Nomadic Tribes, Other Backward Classes & Special Backward Classes Caste Certificate Scrutiny Committee No.1, Aurangabad, The Sub-Divisional Officer, Sillod, Group Gram Panchayat, Palaskheda - Khaparkheda
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Nature of Litigation
Writ petition seeking direction to issue caste validity certificate based on majority decision of Scrutiny Committee.
Remedy Sought
Petitioner sought a direction to the Scrutiny Committee to issue him a caste validity certificate.
Filing Reason
The Scrutiny Committee did not issue the caste validity certificate despite a majority decision in favor of the petitioner, due to the Chairman's dissent.
Previous Decisions
The Scrutiny Committee's Chairman invalidated the caste claim, but two Members validated it. The Committee did not implement the majority decision.
Issues
Whether the majority decision of the Scrutiny Committee validating the petitioner's caste claim should be given effect despite the Chairman's dissenting opinion.
Submissions/Arguments
Petitioner argued that the majority decision of the Committee should prevail and the certificate should be issued. Respondent State did not oppose the petition.
Ratio Decidendi
Under Rule 9 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, the majority decision of the Scrutiny Committee is the decision of the Committee and must be implemented, even if the Chairman dissents.
Judgment Excerpts
The decision of the Committee was not unanimous. The Chairman of the Committee was of the view that the petitioner had not proved that he belongs to 'Pardeshi' caste and invalidated his caste claim. The two Members of the Committee, however, wrote a separate order holding that the petitioner belongs to 'Pardeshi' caste and validated his caste claim.
Interpreting Rule 9, and in particular Sub-Rule 3 thereof, this Court held that the majority of decision of the Committee would be view of the Committee. This Court has further held that even if the Chairman of the Committee has taken a dissenting view, the majority view taken by two other Members of the Committee would prevail over the view of the Chairman.
Procedural History
The petitioner obtained a caste certificate and applied to the Scrutiny Committee for verification. The Committee's Chairman invalidated the claim, but two Members validated it. The Committee did not issue the certificate. The petitioner filed Writ Petition No. 4413 of 2009 before the Bombay High Court, Aurangabad Bench. The Court heard the matter on 1st March 2012 and allowed the petition.
Acts & Sections
- Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003: Rule 9
