Case Note & Summary
The petitioner, Dattatraya Rajendra Pandhare, filed a writ petition challenging the order dated 30 April 2014 passed by the Scheduled Tribe, Caste Certificate Scrutiny Committee, Aurangabad Division, which cancelled his Scheduled Tribe certificate. The petitioner claimed to belong to the 'Koli Mahadev' community, a Scheduled Tribe under the Presidential Order (including the 1976 amendment) at Sr. No. 29. He had been issued a caste certificate by the competent authority describing his tribe as 'Mahadev Koli' instead of 'Koli Mahadev', presumably due to a State Government resolution. The petitioner was selected for the post of Talathi from the Scheduled Tribe category, and his certificate was referred to the Scrutiny Committee for verification. The petitioner alleged that the Committee cancelled his certificate without affording him any opportunity of hearing, in violation of natural justice. He also pointed out that his real brothers, sister, and cousins had their tribe claims validated by the same Committee. The court heard the petitioner's counsel, Shri A.S. Bayas, and the State's counsel, Shri A.V. Deshmukh. The court observed that the variation in the order of words in the caste name was a minor issue and did not affect the substance of the claim. The court held that the Committee's order was passed in violation of natural justice as no opportunity of hearing was given. The court quashed the impugned order and directed the Scrutiny Committee to decide the matter afresh after giving the petitioner a reasonable opportunity of hearing. The respondents were directed to continue the petitioner in service pending the fresh decision. The writ petition was allowed in those terms.
Headnote
A) Constitutional Law - Scheduled Tribes - Caste Certificate Validity - Variation in Nomenclature - The petitioner's caste certificate described his tribe as 'Mahadev Koli' instead of 'Koli Mahadev' as per the Presidential Order. The court held that such a minor variation in the order of words does not invalidate the certificate, especially when the State Government had issued a resolution to that effect and the tribe claims of close relatives had been validated. (Paras 2-4) B) Administrative Law - Natural Justice - Opportunity of Hearing - The Scrutiny Committee cancelled the petitioner's tribe certificate without affording any opportunity of hearing. The court held that this violated principles of natural justice, as the petitioner was entitled to be heard before an adverse order was passed. (Paras 3-4) C) Service Law - Appointment - Scheduled Tribe Category - The petitioner had been selected for the post of Talathi from the Scheduled Tribe category. The court directed the Scrutiny Committee to decide the matter afresh after giving the petitioner a reasonable opportunity of hearing, and the respondents were directed to continue the petitioner in service pending such decision. (Paras 4-5)
Issue of Consideration
Whether the Scrutiny Committee could cancel a Scheduled Tribe certificate without affording an opportunity of hearing to the petitioner, and whether the variation in the order of words in the caste name ('Mahadev Koli' instead of 'Koli Mahadev') is a fatal defect.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 30.4.2014, and directed the Scrutiny Committee to decide the matter afresh after giving the petitioner a reasonable opportunity of hearing. The respondents were directed to continue the petitioner in service pending the fresh decision.
Law Points
- Natural justice
- opportunity of hearing
- minor variation in caste nomenclature
- Scheduled Tribe certificate validity
- Presidential Order
