Case Note & Summary
The petitioner, Manoj Gavankar, obtained a caste certificate dated 24 August 2001 certifying him as Thakar, a Scheduled Tribe under the Constitution (Scheduled Tribes Order 1950). He was appointed as Shikshan Sevak on 21 April 2008 on a post reserved for Scheduled Tribe candidates based on this certificate. Upon verification by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane, the committee rejected his claim by order dated 23 March 2015, cancelling the certificate. The petitioner had earlier approached the High Court in Writ Petition No.3044 of 2013, which quashed the committee's order and remanded the matter for reconsideration with liberty to file additional evidence. Despite this, the committee again rejected the claim. The petitioner relied on his caste certificate, school leaving certificates from pre-primary and high school showing his caste as Hindu Thakar, his father Satyavijay Gavankar's caste certificate dated 25 September 2001, and his father's school leaving certificate from 10 June 1969 also recording caste as Hindu Thakar. The committee failed to consider these documents and also ignored affidavits of relatives. The High Court held that the committee's failure to consider relevant material violated principles of natural justice. The court quashed the impugned order and remanded the matter back to the committee for fresh consideration, directing the committee to consider all documents and affidavits and pass a reasoned order within three months. The petitioner was granted liberty to appear before the committee and produce additional evidence.
Headnote
A) Caste Certificate - Scheduled Tribe - Verification - Cancellation - Natural Justice - The Scrutiny Committee cancelled the petitioner's Thakar (ST) certificate without considering school leaving certificates of the petitioner and his father, and affidavits of relatives - Held that failure to consider relevant documents and affidavits violates principles of natural justice - Matter remanded for fresh consideration (Paras 1-5).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee erred in cancelling the petitioner's caste certificate without properly considering the documentary evidence and affidavits of relatives.
Final Decision
The High Court quashed the impugned order dated 23 March 2015 passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane, and remanded the matter back to the committee for fresh consideration. The committee is directed to consider all documents and affidavits on record and pass a reasoned order within three months. The petitioner is granted liberty to appear before the committee and produce additional evidence.
Law Points
- Caste Scrutiny Committee must consider all relevant documents including school leaving certificates and affidavits of relatives
- Failure to consider material evidence amounts to violation of natural justice
- Remand for fresh consideration with opportunity to adduce evidence
Case Details
2019 LawText (BOM) (10) 42
WRIT PETITION NO. 4700 OF 2015
Pradeep Nandrajog, C.J., Bharati Dangre, J.
Mr. Sushant C. Yeramwar for the petitioner, Mr. M.M. Pabale, AGP for the State
The State of Maharashtra, Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane, Education Officer (Primary) Zilla Parishad, Oras, District Sindhudurg, Zilla Parishad, Sindhudurg
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Nature of Litigation
Writ petition challenging cancellation of Scheduled Tribe caste certificate by Scrutiny Committee.
Remedy Sought
Petitioner sought quashing of the order dated 23 March 2015 cancelling his caste certificate and direction to the committee to verify his claim.
Filing Reason
The Scheduled Tribe Certificate Scrutiny Committee cancelled the petitioner's Thakar (ST) caste certificate despite documentary evidence including school leaving certificates and affidavits of relatives.
Previous Decisions
Earlier, the petitioner had filed Writ Petition No.3044 of 2013 which quashed the committee's order and remanded the matter for reconsideration with liberty to file additional evidence. The committee again rejected the claim by the impugned order.
Issues
Whether the Scrutiny Committee erred in cancelling the petitioner's caste certificate without considering relevant documents and affidavits.
Whether the impugned order violates principles of natural justice.
Submissions/Arguments
Petitioner argued that he had produced sufficient documentary evidence including his school leaving certificates and his father's school leaving certificate and caste certificate, as well as affidavits of relatives, which the committee failed to consider.
Respondents argued that the committee had properly considered the material and found the claim not genuine.
Ratio Decidendi
A caste scrutiny committee must consider all relevant documents and affidavits submitted by the claimant; failure to do so violates principles of natural justice and renders the order liable to be quashed.
Judgment Excerpts
The petitioner, who obtained a caste certificate on 24th August 2001 as Thakar, recognized as Scheduled Tribe under the Constitution (Scheduled Tribes Order 1950) has approached this Court on cancellation of the said certificate by the respondent no.2 Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane.
In the earlier round of litigation, the petitioner had approached this Court by filing Writ Petition No.3044 of 2013 when the order passed by the Committee was quashed and set aside and the matter was remanded to the Committee for reconsideration.
The Committee has failed to consider the documents and the affidavits of the relatives and therefore the impugned order cannot be sustained.
Procedural History
The petitioner obtained a caste certificate on 24 August 2001. He was appointed as Shikshan Sevak on 21 April 2008. The Scrutiny Committee rejected his claim by order dated 23 March 2015. The petitioner filed Writ Petition No.3044 of 2013 which was allowed and the matter remanded. The committee again rejected the claim by the impugned order. The petitioner then filed the present writ petition.
Acts & Sections
- Constitution (Scheduled Tribes Order 1950):
