Case Note & Summary
The petitioner, Shah Vajeda Bano Bashir Shah, was employed as a Shikshan Sewak and claimed to belong to the Chhaperband, Vimukta Jati (A) community. The Divisional Caste Scrutiny Committee No. 2, Akola, invalidated her caste claim on 10.12.2013. The petitioner had earlier filed Writ Petition No. 2100 of 2012, which was remanded by the High Court on 10.04.2013. After remand, the petitioner obtained a valid caste certificate of her cousin, Jabbir Ulla Shah Atta Ulla Shah, and submitted it to the Committee. However, the Committee passed the impugned order invalidating her claim, merely stating that the relationship with the cousin was not established without providing any reasons. The petitioner argued that the Vigilance Cell report dated 20.06.2011 mentioned the cousin's name and his father's name, and the relationship was not disputed by the Vigilance authorities. The respondent State relied on the impugned order and an affidavit claiming that documents were found fake and forged. The High Court found that the Committee had not considered the valid caste certificate of the cousin and had not recorded any reasons for disbelieving the relationship. The Court held that the impugned order showed non-application of mind and was unsustainable. The Court quashed the order and directed the Committee to reconsider the matter afresh, giving the petitioner an opportunity to be heard and considering the valid caste certificate of the cousin.
Headnote
A) Caste Scrutiny - Validity of Caste Certificate - Consideration of Relative's Certificate - The Caste Scrutiny Committee invalidated the petitioner's caste claim as Chhaperband, Vimukta Jati (A) without properly considering the valid caste certificate of the petitioner's cousin, which was produced after remand. The Committee merely stated that the relationship with the cousin was not established without recording any reasons. Held that the Committee must consider valid certificates of close relatives and provide reasons for disbelieving relationship; failure to do so amounts to non-application of mind (Paras 3-6).
Issue of Consideration
Whether the Caste Scrutiny Committee's order invalidating the petitioner's caste claim as Chhaperband, Vimukta Jati (A) is sustainable when it failed to consider the valid caste certificate of the petitioner's cousin and did not provide reasons for disbelieving the relationship.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 10.12.2013, and directed the Divisional Caste Scrutiny Committee No. 2, Akola, to reconsider the matter afresh, giving the petitioner an opportunity of hearing and considering the valid caste certificate of the cousin.
Law Points
- Caste Scrutiny Committee must consider valid caste certificates of close relatives
- must record reasons for disbelieving relationship
- non-application of mind renders order unsustainable
Case Details
2014 LawText (BOM) (10) 97
Writ Petition No. 989 of 2014
B.P. Dharmadhikari, P.R. Bora
V.R. Choudhari for petitioner, M.A. Kadu, AGP for respondent Nos. 1 & 2
Shah Vajeda Bano Bashir Shah
The State of Maharashtra, Deputy Commissioner and Member, The Divisional Caste Scrutiny Committee No. 2, Akola, Zilla Parishad, Jalgaon, Block Education Officer, Panchayat Samiti, Muktainagar, Jalgaon
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Nature of Litigation
Writ petition challenging the order of the Divisional Caste Scrutiny Committee invalidating the petitioner's caste claim as Chhaperband, Vimukta Jati (A).
Remedy Sought
Petitioner sought quashing of the impugned order dated 10.12.2013 and direction to the Committee to reconsider her caste claim.
Filing Reason
The Caste Scrutiny Committee invalidated the petitioner's caste claim without properly considering the valid caste certificate of her cousin and without recording reasons for disbelieving the relationship.
Previous Decisions
Earlier Writ Petition No. 2100 of 2012 was remanded by the High Court on 10.04.2013. After remand, the petitioner produced the valid caste certificate of her cousin, but the Committee still invalidated her claim.
Issues
Whether the Caste Scrutiny Committee's order invalidating the petitioner's caste claim is sustainable when it failed to consider the valid caste certificate of the petitioner's cousin?
Whether the Committee's conclusion that the relationship with the cousin was not established is valid without recording any reasons?
Submissions/Arguments
Petitioner argued that the Committee discarded the validity given to the cousin only by observing that the relationship was not established, without any reasons. The Vigilance Cell report did not dispute the relationship. The Committee failed to consider the valid certificate after remand.
Respondent State relied on the impugned order and reply affidavit, submitting that after verification, documents were found to be fake and forged.
Ratio Decidendi
The Caste Scrutiny Committee must consider valid caste certificates of close relatives and must record reasons for disbelieving the relationship. Failure to do so amounts to non-application of mind and renders the order unsustainable.
Judgment Excerpts
The petitioner is continuing in employment as Shikshan Sewak. His caste claim as belonging to Chhaperband, Vimukta Jati (A), has been invalidated on 10.12.2013.
Shri Choudhari, learned counsel has invited attention to the impugned order to urge that the validity given to a cousin has been discarded only by observing that the relationship with that person is not established.
Even after producing this validity, the impugned order has been passed which shows total non application of mind and as the validity is given to the relative on paternal side, the petitioner also deserves to be given validity.
The impugned order is quashed and set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration.
Procedural History
The petitioner filed Writ Petition No. 2100 of 2012 which was remanded on 10.04.2013. After remand, the petitioner obtained a valid caste certificate of her cousin and submitted it to the Committee. The Committee passed the impugned order on 10.12.2013 invalidating her claim. The petitioner then filed the present writ petition on 21.02.2014, and this Court protected her employment on that date. The petition was finally heard and decided on 27.10.2014.
Acts & Sections
- 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:
