Case Note & Summary
The petitioner, Akshay Sanjay Pawar, claiming to belong to the Thakar Tribe (a recognized Scheduled Tribe), filed a writ petition seeking direction to the Scheduled Tribe Certificates Scrutiny Committee, Nashik to decide his application for grant of a Caste Validity Certificate. He had obtained a caste certificate from the Sub-Divisional Officer, Karla, Ahmednagar on 17 May 2004. Pending the committee's decision, he was admitted to a Mechanical Engineering degree course at Government College of Engineering, Pune under the Scheduled Tribe reserved category. During the pendency of the petition, the committee passed an order on 28 March 2012 invalidating his claim on the ground that the caste certificate was not obtained from the competent authority in proper format. The petitioner challenged this order by way of amendment, contending that he was never informed of the rejection and was not given an opportunity of hearing. The court found that the committee had called the petitioner for inquiry but did not inform him that his claim was already rejected. The court held that the order violated principles of natural justice as no opportunity of hearing was afforded. Consequently, the court quashed the impugned order and directed the committee to decide the petitioner's claim afresh after giving him a reasonable opportunity of hearing, including the right to cross-examine witnesses and produce evidence. The petition was allowed.
Headnote
A) Constitutional Law - Natural Justice - Opportunity of Hearing - Scheduled Tribes (Recognition) - The Scrutiny Committee invalidated the petitioner's caste certificate without affording him a personal hearing, violating principles of natural justice - Held that the order is unsustainable and liable to be set aside (Paras 1-3).
Issue of Consideration
Whether the order of the Scheduled Tribe Scrutiny Committee invalidating the petitioner's caste certificate without providing an opportunity of hearing is sustainable in law.
Final Decision
The impugned order dated 28 March 2012 passed by the Scheduled Tribe Scrutiny Committee, Nashik is quashed and set aside. The committee is directed to decide the petitioner's claim afresh after giving him a reasonable opportunity of hearing, including the right to cross-examine witnesses and produce evidence. The petition is allowed.
Law Points
- Natural justice
- opportunity of hearing
- caste validity certificate
- Scheduled Tribe
- Thakar tribe
- procedural fairness
- quashing of order
