Case Note & Summary
The Petitioner, Raju Shamrao Mankar, filed a Writ Petition before the Bombay High Court challenging an order dated 25 September 2013 by which the Caste Certificate Scrutiny Committee No.3 granted a validity certificate to Respondent No.3, Navneet Kaur, certifying that she belongs to the Mochi Scheduled Caste. During the pendency of the petition, the Petitioner also made a complaint before the Scrutiny Committee, which was rejected on 5 February 2016, and that order was also challenged by amendment. The Petitioner, represented by Senior Counsel Mr. Anil Mardikar, argued that the validity certificate was granted even before Respondent No.3 had applied for it, and that the Committee relied on documents issued in favour of her father by a school in 1958, which school was not in existence at that time. It was further submitted that the certificate was granted without holding any inquiry through the Vigilance Cell. The State Government, represented by Ms. Geeta Shastri, submitted that under Rule 17(6) of the Maharashtra Scheduled Caste, Denotified Tribes (Vimuktajati), Nomadic Tribes, Other Backward Class and Special Backward Category Regulation and Issuance of Verification of Caste Certificate Rules 2012, the Committee has power to grant a validity certificate without undertaking a vigilance inquiry if it is satisfied. The Court, after hearing the parties, found that the documents relied upon were from a school that did not exist in 1958, and that no vigilance inquiry was conducted. The Court held that the Committee cannot dispense with the vigilance inquiry when the documents are suspicious, and accordingly quashed and set aside the impugned orders dated 25 September 2013 and 5 February 2016, directing the Committee to conduct a fresh inquiry in accordance with law.
Headnote
A) Caste Certificate - Validity - Vigilance Inquiry - Rule 17(6) of Maharashtra Scheduled Caste, Denotified Tribes (Vimuktajati), Nomadic Tribes, Other Backward Class and Special Backward Category Regulation and Issuance of Verification of Caste Certificate Rules 2012 - The Scrutiny Committee granted a validity certificate to Respondent No.3 certifying her as belonging to Mochi Scheduled Caste without conducting a vigilance inquiry and relying on school documents of her father from 1958, which school was not in existence at that time. The Court held that the Committee cannot dispense with vigilance inquiry when documents are suspicious, and the certificate is liable to be quashed. (Paras 2-3, 5)
Issue of Consideration
Whether the Caste Scrutiny Committee can grant a validity certificate without holding a vigilance inquiry and relying on documents from a school that did not exist at the relevant time
Final Decision
The impugned orders dated 25 September 2013 and 5 February 2016 are quashed and set aside. The matter is remitted back to the Scrutiny Committee to conduct a fresh inquiry in accordance with law.
Law Points
- Caste Scrutiny Committee must conduct vigilance inquiry before granting validity certificate
- Rule 17(6) of Maharashtra Scheduled Caste
- Denotified Tribes (Vimuktajati)
- Nomadic Tribes
- Other Backward Class and Special Backward Category Regulation and Issuance of Verification of Caste Certificate Rules 2012 does not dispense with inquiry if documents are suspicious
- validity certificate cannot be granted before application
- reliance on documents from non-existent school is fatal
