Case Note & Summary
The petitioner, Smt. Nilima d/o Sardarsingh Chavan, claimed to belong to the 'Rajput Bhamta' caste as per her caste certificate. She challenged the order dated 18.2.2005 passed by the Divisional Caste Scrutiny Committee, Amravati, which invalidated her caste certificate. Consequently, her service was terminated by orders dated 23.12.2005 with effect from 9.1.2006. The petitioner filed a writ petition seeking quashing of the Scrutiny Committee's order and consequential relief. The respondents supported the impugned order. The Court noted that the matter had been remanded earlier and as per procedure, a favourable Vigilance Cell report dated 23.12.2004 was placed on record but was overlooked by the Committee while passing the adverse order. There was no contra material available to disregard the Vigilance Cell findings. The Court held that the Scrutiny Committee's order was unsustainable as it failed to consider the favourable report. The Court quashed the impugned order and directed the respondents to reinstate the petitioner with continuity of service and all consequential benefits, except back wages, within four weeks. The writ petition was allowed in those terms.
Headnote
A) Caste Certificate - Scrutiny - Validity - Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes (Vimukta Jati) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) of Caste Certificate Act, 2000 - The Scrutiny Committee invalidated the petitioner's caste certificate despite a favourable Vigilance Cell report dated 23.12.2004. The Court held that the Committee's order was unsustainable as it overlooked the favourable report and there was no contra material on record to disregard the Vigilance Cell findings. (Paras 4-5) B) Service Law - Termination - Consequential Relief - The petitioner's service was terminated pursuant to the invalidated caste certificate. The Court quashed the Scrutiny Committee's order and directed reinstatement with continuity of service and consequential benefits, but without back wages, considering the period of litigation. (Para 5)
Issue of Consideration
Whether the order of the Caste Scrutiny Committee invalidating the petitioner's caste certificate is sustainable when a favourable Vigilance Cell report was overlooked and no contra material was considered.
Final Decision
The Court quashed the impugned order dated 18.2.2005 passed by the Divisional Caste Scrutiny Committee, Amravati. The respondents were directed to reinstate the petitioner with continuity of service and all consequential benefits, except back wages, within four weeks. The writ petition was allowed in those terms.
Law Points
- Caste Scrutiny Committee must consider favourable Vigilance Cell report
- Non-consideration of material evidence vitiates order
- Maharashtra Scheduled Caste
- Scheduled Tribes
- Denotified Tribes (Vimukta Jati) Nomadic Tribes
- Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) of Caste Certificate Act
- 2000
