Case Note & Summary
The petitioner, Devendra Mahadeo Nathe, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging an order dated 22nd February 2018 passed by the District Caste Certificate Verification Committee, Akola (the Caste Scrutiny Committee). The Committee had rejected the petitioner's caste claim on two grounds: first, that the petitioner had failed to submit certain documents and comply with deficiencies pointed out; and second, that the caste certificate submitted by the petitioner was not from the competent authority. The petitioner sought quashing of the order and a direction to the Committee to reconsider his claim. The High Court, after hearing the counsel for the petitioner and the Assistant Government Pleader for the respondents, disposed of the petition with directions. The Court set aside the impugned order and directed the petitioner to appear before the Committee on 9th April 2019 to furnish all required information and documents. The Committee was directed not to reject the claim solely on the ground that the caste certificate was not from the competent authority, and to decide the caste claim within three months from the date of the judgment. The rule was made absolute with no order as to costs.
Headnote
A) Caste Certificate - Scrutiny - Natural Justice - The Caste Scrutiny Committee rejected the petitioner's claim on the ground that the caste certificate was not from the competent authority and for failure to submit certain documents. The High Court set aside the order and directed the Committee to give the petitioner an opportunity to furnish the required documents and not to reject the claim solely on the ground that the certificate was not from the competent authority. Held that the Committee must decide the claim within three months after giving a proper opportunity. (Paras 2-4)
Issue of Consideration
Whether the Caste Scrutiny Committee was justified in rejecting the petitioner's caste claim on the ground that the caste certificate was not from the competent authority and for failure to submit documents without giving an opportunity to cure the defects.
Final Decision
The High Court set aside the order dated 22nd February 2018 passed by the Caste Scrutiny Committee, Akola. The petitioner was directed to appear before the Committee on 9th April 2019 to furnish all required information and documents. The Committee was directed not to reject the claim on the ground that the caste certificate was not from the competent authority, and to decide the caste claim within three months from the date of the judgment. Rule made absolute with no order as to costs.
Law Points
- Caste Scrutiny Committee cannot reject claim solely on ground that caste certificate is not from competent authority
- opportunity to be given to furnish documents
