Case Note & Summary
The petitioner, Pranav Prakash Mandlik, challenged an order dated 6.2.2014 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which invalidated his caste certificate declaring him as belonging to 'Koli Mahadeo – Scheduled Tribe'. The petitioner had obtained a caste certificate from the Competent Appellate Authority on 27.11.1995 and was admitted to a degree course in Catering and Hotel Management under the reserved category in 2009-10. During the scrutiny process, the Vigilance Cell recorded the statement of the petitioner's father. The Committee invalidated the certificate primarily on the ground that the tribe 'Koli Mahadeo' is not found in Dhule District as per the Scheduled Castes/Scheduled Tribes Orders (Amendment) Act, 1976. The petitioner argued that the Committee failed to consider relevant material, including the affidavit of his father and other documents. The High Court, after hearing both sides, found that the Committee had not considered the father's affidavit and other relevant material. The court held that the impugned order was unsustainable and quashed it, remitting the matter back to the Committee for fresh consideration in accordance with law, with a direction to decide within three months. The court also directed that the petitioner's studies should not be disturbed during the pendency of the fresh consideration.
Headnote
A) Caste Certificate - Scheduled Tribe - Koli Mahadeo - Validity - Scrutiny Committee invalidated certificate on ground that tribe not found in Dhule District as per Scheduled Castes/Scheduled Tribes Orders (Amendment) Act, 1976 - Petitioner challenged order - Court held that Committee failed to consider relevant material including affidavit of father and other documents - Impugned order quashed - Matter remitted for fresh consideration (Paras 2-7).
Issue of Consideration
Whether the impugned order dated 6.2.2014 passed by the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste certificate as 'Koli Mahadeo – Scheduled Tribe' is sustainable in law.
Final Decision
The impugned order dated 6.2.2014 is quashed and set aside. The matter is remitted back to Respondent No.2 - Scheduled Tribe Certificate Scrutiny Committee for fresh consideration in accordance with law. The Committee shall decide the matter within three months from the date of receipt of the order. The petitioner's studies shall not be disturbed during the pendency of the fresh consideration.
Law Points
- Natural justice
- Caste certificate validity
- Scheduled Tribe
- Koli Mahadeo
- Scrutiny Committee
- Affidavit evidence
- Relevant material consideration
Case Details
2014 LawText (BOM) (09) 107
Writ Petition No. 4224 of 2014
Anoop V. Mohta, F. M. Reis
R.K. Mendadkar for Petitioner, A.I. Patel, AGP for Respondents 1 and 2
State of Maharashtra, Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, Institute of Hotel Management Catering Technology and Applied Nutrition
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Nature of Litigation
Writ petition challenging order of Scheduled Tribe Certificate Scrutiny Committee invalidating caste certificate
Remedy Sought
Quashing of order dated 6.2.2014 and direction to consider validity of caste certificate
Filing Reason
Scrutiny Committee invalidated petitioner's caste certificate as 'Koli Mahadeo – Scheduled Tribe' on ground that tribe not found in Dhule District
Previous Decisions
Competent Appellate Authority granted caste certificate on 27.11.1995; Vigilance Cell recorded statement of father; Scrutiny Committee passed impugned order on 6.2.2014
Issues
Whether the impugned order dated 6.2.2014 passed by the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste certificate as 'Koli Mahadeo – Scheduled Tribe' is sustainable in law.
Submissions/Arguments
Petitioner argued that the Committee failed to consider relevant material including affidavit of father and other documents
Respondents supported the impugned order
Ratio Decidendi
The Scrutiny Committee must consider all relevant material including affidavits and documents before passing an order invalidating a caste certificate. Failure to do so violates principles of natural justice and renders the order unsustainable.
Judgment Excerpts
The Petitioner has challenged order dated 6.2.2014 passed by Respondent No.2 Scheduled Tribe Certificate Scrutiny Committee (Scrutiny Committee), thereby invalidating the caste certificate of the Petitioner who belongs to 'Koli Mahadeo – Scheduled Tribe' mainly on the ground that the Tribe – Koli Mahadeo is not found in Dhule District as per Scheduled Caste/Scheduled Tribe Orders (Amendment) Act, 1976.
The impugned order is quashed and set aside. The matter is remitted back to Respondent No.2 - Scheduled Tribe Certificate Scrutiny Committee for fresh consideration in accordance with law.
Procedural History
Petitioner obtained caste certificate on 27.11.1995; college forwarded case for validity on 27.11.2007; Vigilance Cell recorded father's statement; Scrutiny Committee passed impugned order on 6.2.2014; petitioner filed writ petition on 2014; High Court reserved on 10.9.2014 and pronounced on 17.9.2014.
Acts & Sections
- Scheduled Castes/Scheduled Tribes Orders (Amendment) Act, 1976:
