Case Note & Summary
The Petitioner, Raju Shamrao Mankar, filed a Writ Petition before the Bombay High Court challenging the 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 to the Scrutiny Committee, which was rejected on 5 February 2016, and that order was also challenged by amendment. The Petitioner contended that the validity certificate was granted even before Respondent No.3 had applied for it, and that the Committee relied on a school certificate issued in favour of her father in 1958 from a school that was not in existence at that time. Further, the certificate was granted without any inquiry through the Vigilance Cell. The State Government argued 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 a vigilance inquiry. The Court held that the Committee cannot dispense with vigilance inquiry when the documents are suspicious, and quashed the impugned orders, remanding the matter for fresh inquiry.
Headnote
A) Caste Scrutiny - Validity Certificate - Vigilance Inquiry - 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, Rule 17(6) - The Committee granted validity certificate to Respondent No.3 without any vigilance inquiry and based on a school certificate of her father from 1958 when the school was not in existence - Held that the Committee cannot dispense with vigilance inquiry when documents are suspicious and must verify genuineness (Paras 2-3).
Issue of Consideration
Whether the Caste Scrutiny Committee can grant a validity certificate without holding a vigilance inquiry and relying on documents from a non-existent school
Final Decision
Rule made absolute. Impugned orders dated 25 September 2013 and 5 February 2016 quashed and set aside. Matter remanded to Scrutiny Committee for 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 Rules 2012 does not dispense with inquiry if documents are suspicious
- Validity certificate cannot be granted before application is made
