Case Note & Summary
The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench decision in Niraj More v. Scheduled Tribe Certificate Scrutiny Committee. In Rajendra Thakur's case, the petitioner, a Scheduled Tribe claimant belonging to the 'Thakur' tribe, had obtained a caste certificate from the Executive Magistrate, Nashik, even though his original native place was in Dhule district. He later sought validation of his tribe claim from the Scrutiny Committee, Nashik. The Division Bench in Niraj More had held that even if the caste certificate was issued by a Competent Authority lacking territorial jurisdiction, the Scrutiny Committee was duty-bound to adjudicate the caste claim on merits and could not dismiss it for want of jurisdiction. The referring Bench doubted this view and framed the issue for consideration by a Larger Bench. The Full Bench, after hearing arguments, answered the reference in the affirmative, holding that a candidate must apply to the Competent Authority having jurisdiction over the area or place to which he/she or his/her father/grandfather originally belongs or is an ordinary resident or native. The court reasoned that the scheme of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and the Rules thereunder require the certificate to be issued by the authority of the native place to ensure proper verification. The Full Bench overruled the contrary view in Niraj More's case. The judgment was pronounced on 5th July 2019.
Headnote
A) Scheduled Castes and Scheduled Tribes - Caste Certificate - Territorial Jurisdiction - Competent Authority - The candidate must apply to the Competent Authority having jurisdiction over the area or place to which he/she or his/her father/grandfather originally belongs or was/is an ordinary resident or native of that place. The Full Bench answered the reference in the affirmative, overruling the view in Niraj More's case that the Scrutiny Committee must adjudicate even if the certificate was issued by an authority without territorial jurisdiction. (Paras 1-3)
Issue of Consideration
Whether a candidate seeking a caste certificate must apply to the Competent Authority having jurisdiction over the area or place to which he/she or his/her father/grandfather originally belongs or was/is an ordinary resident or native of that place.
Final Decision
The Full Bench answered the reference in the affirmative, holding that the candidate must apply to the Competent Authority having jurisdiction over the area or place to which he/she or his/her father/grandfather originally belongs or was/is an ordinary resident or native of that place. The view in Niraj More's case was overruled.
Law Points
- Territorial jurisdiction of competent authority issuing caste certificate
- Validity of caste certificate issued by authority without territorial jurisdiction
- Duty of Scrutiny Committee to adjudicate caste claim despite jurisdictional defect
