Case Note & Summary
The Bombay High Court at Nagpur heard two writ petitions filed by Shubham Sharad Gadamade and Vineet Vilas Gadmade, cousins, challenging a common order dated 21.12.2016 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, which invalidated their caste certificates claiming 'Mana' Scheduled Tribe status. The petitioners had completed their engineering education but their results were withheld and documents retained by the colleges due to the adverse scrutiny order. The Court noted that the Committee had rejected their claims primarily on the ground that they failed to produce pre-constitutional documents and that earlier validity orders in favour of their relatives were not binding. The High Court observed that the Committee had not considered all relevant documents, including those of the petitioners' relatives, and had not given the petitioners an opportunity to produce additional documents before passing the adverse order. The Court held that the Committee must consider all documents on record and cannot be influenced by earlier invalid orders; it must give a fair opportunity to the petitioners to produce additional evidence. Accordingly, the Court quashed the impugned order and directed the Committee to reconsider the matter afresh, without being influenced by the earlier invalid orders, and to decide the validity of the caste certificates within three months. The Court also directed the colleges to return the original documents to the petitioners and to declare their results within two weeks.
Headnote
A) Caste Scrutiny - Scheduled Tribe Certificate - Validity - Mana Tribe - The Scrutiny Committee invalidated caste certificates of two cousins belonging to 'Mana' Scheduled Tribe on ground that they failed to produce pre-constitutional documents and that earlier validity orders in favour of relatives were not binding - The High Court held that the Committee must consider all documents on record, including those of relatives, and cannot be influenced by earlier invalid orders; it must give opportunity to produce additional documents before passing adverse order (Paras 1-10). B) Caste Scrutiny - Opportunity of Hearing - Natural Justice - The Committee rejected the claim without giving petitioners an opportunity to produce additional documents, which violated principles of natural justice - The Court directed the Committee to reconsider the matter afresh after giving full opportunity to the petitioners to produce all relevant documents (Paras 8-10).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the caste certificates of the petitioners without considering all relevant documents and without giving them an opportunity to produce additional evidence.
Final Decision
The impugned order dated 21.12.2016 is quashed and set aside. The Scrutiny Committee is directed to reconsider the matter afresh, without being influenced by the earlier invalid orders, and to decide the validity of the caste certificates within three months. The colleges are directed to return the original documents to the petitioners and to declare their results within two weeks.
Law Points
- Caste Scrutiny Committee must consider all relevant documents and not be influenced by earlier invalid orders
- Caste validity claim cannot be rejected solely on ground of non-production of pre-constitutional documents if other contemporaneous evidence exists
- Scrutiny Committee must give opportunity to produce additional documents before passing adverse order
