Case Note & Summary
The petitioner, Atulsingh Bhagwansing Rajput, challenged the order dated 10.12.2001 passed by the Divisional Caste Certificate Scrutiny Committee, Amravati, which invalidated his caste claim for Rajput Bhamta (Vimukta Jati-A). The petitioner had sought admission in an educational institution and his claim was forwarded to the Committee. The petitioner produced about 23 documents, including orders dated 14.04.1990 of the District Magistrate, Buldhana, and 02.01.1986 of the Commissioner, Amravati, in respect of his forefathers, holding that they belong to Rajput Bhamta. The Committee acted upon certain documents procured by the Police Vigilance Cell to invalidate the claim. The specific ground raised was that copies of those documents were not supplied to the petitioner. The court, after hearing both sides, held that the order being based on documents not supplied to the petitioner cannot be sustained. The writ petition was allowed, the impugned order was quashed and set aside, and the matter was remitted back to the Committee for fresh consideration after supplying copies of the documents to the petitioner.
Headnote
A) Caste Certificate - Natural Justice - Supply of Documents - The Scrutiny Committee invalidated the caste claim of the petitioner based on documents procured by the Police Vigilance Cell, copies of which were not supplied to the petitioner - Held that the order cannot be sustained as it violates principles of natural justice - Matter remanded for fresh consideration after supplying copies of documents (Paras 3-5).
Issue of Consideration
Whether the order of the Caste Scrutiny Committee invalidating the petitioner's caste claim can be sustained when the documents relied upon by the Committee were not supplied to the petitioner.
Final Decision
Writ petition allowed. Order dated 10.12.2001 passed by the Divisional Caste Certificate Scrutiny Committee, Amravati, is quashed and set aside. Matter remitted back to the said Committee for fresh consideration after supplying copies of the documents to the petitioner.
Law Points
- Natural justice
- supply of documents
- caste claim verification
- remand
Case Details
2017 LawText (BOM) (07) 215
WRIT PETITION NO. 1138 OF 2002
R. K. Deshpande, Mrs. Swapna Joshi
Shri Adwait Manohar for Petitioner, Shri S.M.Ukey, Addl. Govt. Pleader for Respondents
Atulsingh Bhagwansing Rajput
The State of Maharashtra, The Divisional Caste Certificate Verification Committee, Amravati
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Nature of Litigation
Writ petition challenging order of Caste Scrutiny Committee invalidating caste claim.
Remedy Sought
Quashing of order dated 10.12.2001 passed by Divisional Caste Certificate Scrutiny Committee, Amravati.
Filing Reason
The Committee invalidated the petitioner's caste claim for Rajput Bhamta based on documents procured by Police Vigilance Cell without supplying copies to the petitioner.
Previous Decisions
Order dated 10.12.2001 of the Divisional Caste Certificate Scrutiny Committee, Amravati, invalidating the caste claim.
Issues
Whether the order of the Caste Scrutiny Committee invalidating the petitioner's caste claim can be sustained when the documents relied upon by the Committee were not supplied to the petitioner.
Submissions/Arguments
Petitioner argued that copies of documents obtained by Police Vigilance Cell were not supplied to him, violating principles of natural justice.
Ratio Decidendi
An order based on documents not supplied to the party cannot be sustained as it violates principles of natural justice.
Judgment Excerpts
The Committee has acted upon certain documents procured by the Police Vigilance Cell to invalidate the caste claim of the petitioner.
It is not in dispute that the copies of the documents obtained by the Police Vigilance Cell were not supplied to the petitioner, which is the specific ground raised by the petitioner in this petition.
In view of above, the order passed by the Scrutiny Committee being based upon the documents which were not supplied to the petitioner, the same cannot be sustained and it will have to be set aside with an order of remand.
Procedural History
The petitioner's caste claim was forwarded to the Divisional Caste Certificate Scrutiny Committee for seeking admission in educational institution. The Committee passed order dated 10.12.2001 invalidating the claim. The petitioner filed Writ Petition No. 1138 of 2002 challenging that order. The High Court heard the matter and delivered judgment on 18.07.2017.
