Case Note & Summary
The judgment concerns a batch of writ petitions filed by individuals whose caste certificates were invalidated by the District Caste Certificate Verification Committee, Akola. The petitioners, including Ku. Sadhana Dayalu Rathod, Sanjay Ukanda Chavhan, Ramesh Prabhu Rathod, and Ku. Sangita Baliram Jadhav, challenged the orders of the Committee on the ground that they were passed without any notice or opportunity of hearing, violating principles of natural justice. The petitioners were represented by advocates Shri U.J. Deshpande and Shri R.P. Masurkar, while the respondents, including the State of Maharashtra and the Committee, were represented by Shri N.R. Patil and Ms. N.P. Mehta. The Court noted that the Committee had invalidated the caste certificates without following the procedure under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The Court found that the impugned orders were passed in gross violation of natural justice and therefore set them aside. The Court directed the Committee to decide the matters afresh after giving due opportunity of hearing to the petitioners. The writ petitions were allowed accordingly.
Headnote
A) Constitutional Law - Natural Justice - Opportunity of Hearing - Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - The District Caste Certificate Verification Committee invalidated caste certificates of the petitioners without issuing any notice or providing an opportunity of hearing. The Court held that such action is in gross violation of principles of natural justice and set aside the impugned orders, directing the Committee to decide the matters afresh after giving due opportunity to the petitioners. (Paras 1-5)
Issue of Consideration
Whether the District Caste Certificate Verification Committee acted in violation of principles of natural justice by invalidating caste certificates without providing an opportunity of hearing to the petitioners.
Final Decision
The writ petitions are allowed. The impugned orders passed by the District Caste Certificate Verification Committee, Akola are set aside. The Committee is directed to decide the matters afresh after giving due opportunity of hearing to the petitioners.
Law Points
- Natural justice
- opportunity of hearing
- caste certificate verification
- violation of principles of natural justice
- setting aside ex-parte orders
Case Details
2018 LawText (BOM) (07) 147
Writ Petition No.3143, 4131, 3539, 3738, 4101, 3586, 3587, 3780 and St.15599 of 2018
Shri U.J. Deshpande, Shri R.P. Masurkar for Petitioners; Shri N.R. Patil, Ms. N.P. Mehta for Respondents
Ku. Sadhana d/o Dayalu Rathod, Sanjay Ukanda Chavhan, Ramesh Prabhu Rathod, Ku. Sangita Baliram Jadhav (after marriage Sau. Sangita Mulchand Rathod)
The State of Maharashtra, The District Caste Certificate Verification Committee, Akola, The Collector, Akola
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Nature of Litigation
Writ petitions challenging orders of the District Caste Certificate Verification Committee invalidating caste certificates.
Remedy Sought
Petitioners sought quashing of the impugned orders and direction to the Committee to decide the matters afresh after giving opportunity of hearing.
Filing Reason
The Committee invalidated the caste certificates without issuing any notice or providing an opportunity of hearing to the petitioners.
Previous Decisions
The District Caste Certificate Verification Committee had passed orders invalidating the caste certificates of the petitioners.
Issues
Whether the impugned orders of the District Caste Certificate Verification Committee were passed in violation of principles of natural justice.
Submissions/Arguments
Petitioners argued that the Committee invalidated their caste certificates without any notice or opportunity of hearing, violating natural justice.
Respondents did not contest the violation of natural justice.
Ratio Decidendi
Orders invalidating caste certificates without notice or opportunity of hearing are in gross violation of principles of natural justice and must be set aside.
Judgment Excerpts
The District Caste Certificate Verification Committee, Akola has invalidated the caste certificates of the petitioners without issuing any notice or without giving any opportunity of hearing to the petitioners.
The impugned orders are in gross violation of principles of natural justice.
Hence, the impugned orders are set aside and the matters are remitted back to the Committee for deciding the same afresh after giving due opportunity of hearing to the petitioners.
Procedural History
The petitioners filed writ petitions before the Bombay High Court, Nagpur Bench, challenging the orders of the District Caste Certificate Verification Committee, Akola, which had invalidated their caste certificates. The Court heard the matters and delivered judgment on 18 July 2018.
Acts & Sections
- Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000:
