Case Note & Summary
The petitioner, Bharat Dattatray Chaudhari, claimed to belong to the Kunbi caste, which is included in the Other Backward Category (OBC). He obtained a caste certificate from the Sub-Divisional Officer, Bhor, Pune. The certificate was referred to the Divisional Caste Scrutiny Committee No.3, Pune, for verification because the petitioner contested municipal corporation elections in 2012 against a seat reserved for OBC. The Committee directed an investigation through its Vigilance Cell, which conducted a detailed inquiry and submitted a report. The Committee, however, invalidated the caste certificate by its order dated 13.08.2015, without properly considering the vigilance report and the affidavits of the petitioner's relatives that supported his claim. The petitioner challenged this decision before the Bombay High Court. The High Court found that the Committee's order was unsustainable as it failed to appreciate the evidence on record, including the vigilance report which was favourable to the petitioner. The Court set aside the impugned order and remitted the matter back to the Committee for fresh consideration, directing it to consider all material evidence and pass a reasoned order within three months.
Headnote
A) Caste Scrutiny - Kunbi Caste - OBC Certificate - Invalidation - The petitioner claimed Kunbi caste (OBC) and obtained a caste certificate. The Scrutiny Committee invalidated it without properly considering the vigilance report and affidavits of relatives. Held that the Committee must consider all evidence and cannot ignore favourable material. (Paras 1-9) B) Evidence - Appreciation - Vigilance Report - The vigilance report supported the petitioner's claim, but the Committee failed to discuss it. Held that the Committee's order is unsustainable as it did not consider relevant evidence. (Paras 5-9) C) Natural Justice - Opportunity of Hearing - The Committee gave opportunity but did not properly evaluate the evidence. Held that the order is vitiated by non-application of mind. (Paras 5-9)
Issue of Consideration
Whether the Divisional Caste Scrutiny Committee was justified in invalidating the petitioner's caste certificate claiming Kunbi (OBC) status without properly considering the vigilance report and supporting evidence.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 13.08.2015, and remitted the matter back to the Divisional Caste Scrutiny Committee for fresh consideration. The Committee was directed to consider all material evidence, including the vigilance report and affidavits, and pass a reasoned order within three months.
Law Points
- Caste Scrutiny Committee must consider all material evidence including vigilance report and affidavits
- Invalidation of caste certificate without proper appreciation of evidence is unsustainable
- Burden of proof on claimant to establish caste claim by preponderance of probabilities
