Case Note & Summary
The petitioner, Prashant Vasantrao Deshmukh, entered employment on 01.03.2012 as a person belonging to 'Kunbi OBC'. His employer forwarded his caste claim for verification to the District Caste Certificate Scrutiny Committee, Akola. The Committee discarded a document dated 21.04.1913 mentioning caste as 'Kunbi' on the ground that castes as such came into existence after 1920, relying on the Division Bench judgment in Jagannath D. Hole vs. State of Maharashtra & Ors. (2006 (1) AIR Bom. R. 365). The petitioner challenged this order by way of a writ petition. The court examined the Vigilance Cell report which found that the old documents (dated 21.04.1913, 18.09.1913, and 31.12.1959) were not interpolated or tampered with. The court held that the Division Bench judgment did not lay down any absolute proposition that pre-1920 documents cannot be considered; the Committee misapplied the precedent. The court also noted that the Committee's observation about different ink and handwriting in the 1959 document was not supported by the Vigilance Cell report. The court quashed the Committee's order and directed the Committee to reconsider the matter afresh, taking into account the Vigilance Cell report and the correct legal position.
Headnote
A) Caste Certificate - Scrutiny Committee - Invalidity of Order - The Committee discarded a document dated 21.04.1913 mentioning caste as 'Kunbi' on the ground that castes came into existence after 1920, relying on a Division Bench judgment - Held that the judgment did not lay down any absolute proposition that pre-1920 documents cannot be considered; the Committee misapplied the precedent and failed to consider the Vigilance Cell report which found the documents genuine (Paras 2-6).
B) Caste Certificate - Vigilance Cell Report - Evidentiary Value - The Vigilance Cell report stated that the old documents (1913 and 1959) were not interpolated or tampered with - Held that the Committee cannot ignore such a favorable report without assigning cogent reasons; the order of invalidation was arbitrary and unsustainable (Paras 3, 6).
Issue of Consideration
Whether the Caste Scrutiny Committee validly invalidated the petitioner's Kunbi OBC caste certificate by discarding pre-1920 documents based on a Division Bench judgment that did not lay down any absolute rule against accepting such documents
Final Decision
The court quashed the order of the District Caste Certificate Scrutiny Committee, Akola, and directed the Committee to reconsider the matter afresh, taking into account the Vigilance Cell report and the correct legal position.
Law Points
- Caste Scrutiny Committee must apply correct legal principles
- cannot rely on general historical observations without considering specific documents
- Vigilance Cell report favorable to claimant cannot be ignored without cogent reasons
Case Details
2018 LawText (BOM) (09) 124
Writ Petition No. 4270 of 2017
B.P. Dharmadhikari, M.G. Giratkar
Shri C.A. Joshi for petitioner, Shri A.S. Fulzele Additional GP for respondents
Prashant s/o Vasantrao Deshmukh
State of Maharashtra, District Caste Certificate Scrutiny Committee Akola, Collector Akola, SubDivisional Officer Akola
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Nature of Litigation
Writ petition challenging the order of the Caste Scrutiny Committee invalidating the petitioner's Kunbi OBC caste certificate.
Remedy Sought
Quashing of the Committee's order and direction to issue a valid caste certificate.
Filing Reason
The Committee discarded a pre-1920 document showing caste as 'Kunbi' based on a misinterpretation of a Division Bench judgment, ignoring the Vigilance Cell report that found the documents genuine.
Previous Decisions
The District Caste Certificate Scrutiny Committee, Akola, invalidated the petitioner's caste certificate by order dated 26.09.2018.
Issues
Whether the Caste Scrutiny Committee validly invalidated the petitioner's Kunbi OBC caste certificate by discarding pre-1920 documents based on a Division Bench judgment that did not lay down any absolute rule against accepting such documents.
Whether the Committee's order is sustainable when the Vigilance Cell report found the documents genuine and the Committee failed to give cogent reasons for ignoring it.
Submissions/Arguments
Petitioner's counsel argued that the Division Bench judgment was wrongly understood; the Committee showed non-application of mind by discarding genuine old documents.
Respondent's Additional GP submitted that the Division Bench found castes recorded after 1920; before 1920 occupations were recorded. Also, the 1959 document showed different ink and handwriting.
Ratio Decidendi
The Division Bench judgment in Jagannath D. Hole does not lay down any absolute proposition that pre-1920 documents cannot be considered for caste verification. The Committee misapplied the precedent and ignored the Vigilance Cell report which found the documents genuine. The order of invalidation was arbitrary and unsustainable.
Judgment Excerpts
The Committee discarded the document dated 21.04.1913 which mentions caste as 'Kunbi', on the ground that the castes as such have come into existence after 1920.
A perusal of Vigilance Cell report shows that it has not found the old documents to be interpolated or tampered with.
The Division Bench judgment has been wrongly understood and the order of invalidation, therefore, shows total nonapplication of mind.
Procedural History
The petitioner entered employment on 01.03.2012 as a Kunbi OBC. His employer forwarded his caste claim to the Scrutiny Committee. The Committee invalidated the certificate. The petitioner filed Writ Petition No. 4270 of 2017 before the Bombay High Court, Nagpur Bench, which was heard and disposed of on 26.09.2018.
