Case Note & Summary
The petitioners, two daughters of Sudhakar Nanaji Sawsakade, challenged an order dated 3 July 2018 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, which invalidated their caste certificates claiming 'Mana' Scheduled Tribe status. The father of the petitioners already held a valid caste validity certificate issued by the same Scrutiny Committee. Despite this, the Committee invalidated the daughters' certificates on the ground that the father's validity certificate was granted without conducting a police verification or enquiry. The High Court observed that the law on this issue is settled: if there are earlier validities, the Scrutiny Committee is supposed to issue fresh validities to near relatives. The Court found the Committee's reasoning to be a 'half-hearted attempt' and contrary to settled law. The Court held that the Committee cannot sit in appeal over its own earlier decision granting validity to the father, and the absence of police verification at that time does not justify invalidating the children's certificates. The Court quashed the impugned order and directed the Scrutiny Committee to issue validity certificates to the petitioners within four weeks.
Headnote
A) Scheduled Castes and Scheduled Tribes - Caste Validity Certificate - Binding Effect on Blood Relatives - Once a validity certificate is issued to a person, the Scrutiny Committee is bound to issue a similar validity certificate to his/her blood relatives, including children, without re-opening the validity of the earlier certificate. The Committee cannot refuse validity to children on the ground that the father's certificate was granted without police verification, as that would amount to sitting in appeal over the earlier validity. (Paras 4-6) B) Scheduled Castes and Scheduled Tribes - Caste Scrutiny - Police Verification - Requirement - The absence of police verification at the time of granting validity to the father does not justify invalidating the children's certificates, as the earlier validity is final and binding on the Committee. The Committee's attempt to re-examine the father's certificate is a 'half-hearted attempt' and contrary to settled law. (Paras 5-6)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee can invalidate the caste certificates of the children when their father already holds a valid caste validity certificate, on the ground that the father's certificate was granted without police verification.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 3 July 2018, and directed the Scrutiny Committee to issue validity certificates to the petitioners within four weeks.
Law Points
- Caste validity certificate issued to father is binding on Scrutiny Committee for children
- Scrutiny Committee cannot refuse validity to blood relatives based on alleged defects in earlier validity
- Principle of res judicata applies to caste validity proceedings
