Yeshwant Motiram Suryawanshi And ... vs State Of Maharashtra And Ors.
2005 Latest Caselaw 666 Bom

JUDGMENT

Dalveer Bhandari, C. J.

1. The basic question which falls for adjudication in these petitions is identical. Therefore, we deem It appropriate to dispose of these petitions by a common judgment.

2. It is a matter of common experience in the High Court of Bombay and its branches at Aurangabad and Nagpur that hundreds of petitioners for several years have been approaching the Court with a prayer that the Caste Verification Committee be directed to dispose of their claims expeditiously. Directions have been given by the Court from time to time. The Caste Serutiny Committee for Scheduled Tribe and other Scrutiny Committees for Scheduled Castes, Vimukta Jatis, Nomadic Tribes, Other Backward Classes and Special Backward Class category were constituted primarily after the guidelines issued by the Apex Court in the case of Madhuri Patil v. Additional Commissioner, Tribal Development, . The Apex Court com-prehensively carved out the entire procedure for verification of caste certificates. The Apex Court in the aforesaid case has also dealt with historical and constitutional perspective of this matter.

3. The Constitution guarantees every citizen social and economic justice, equality of status and of opportunity assuring the dignity of the individual. The Scheduled Tribes are inhabitants of intractable terrain regions of the country kept away from the mainstream of national life and with their traditional moorings and customary beliefs and practices, they are largely governed by their own customary code of conduct regulated from time to time with their own rich cultural ethos. Though Articles 14 and 15(1) prohibits discrimination among citizens on certain grounds, Article 15(4) empowers the State to make special provisions for advancement of Scheduled Castes and Scheduled Tribes. Article 16(4) empowers the State to make provision for reservation of appointments or posts in favour of classes of citizens not adequately represented in the services under the State. Article 46 enjoins the State by mandatory language employed therein, to promote with special care the educational or economic interest of the Scheduled Tribes and Scheduled Castes and to protect them from social injustice and all forms of exploitation. Because certain Tribes and class of people have been kept away from the mainstream for centuries, it became imperative to have reservation in admission to educational institutions and employment. For availment of such exclusive rights by citizens belonging to tribes, the President by a Notification specified the Scheduled Tribes or tribal communities or parts or groups of tribe or tribal communities so as to entitle them to avail of such exclusive rights. The Government of India and the State Governments have prescribed the procedure and have entrusted duty and responsibility to Revenue Officers of gazetted cadre to issue social status certificate, after due verification. It is common knowledge that endeavour of States to fulfill constitutional mandate of upliftment of Scheduled Castes and Scheduled Tribes by providing for reservation of seats in educational institutions and for reservation of posts and appointments, are sought to be denied to them by unscrupulous people who come forward to obtain the benefit of such reservations posing themselves as persons entitled to such status while in fact disentitled to such status.

4. The Scrutiny Committee proceedings although started on December 8, 1989, were prolonged till June 26, 1992. A right of appeal provided thereafter compounded further delay. The reason for the delay perhaps was because of the constitution of the Committee with large number of members and Secretary as Chairman. The right to appeal thereafter to the Additional Commissioner further compounded the delay. When it came to the notice of the Apex Court that there have been large number of cases where admissions have been wrongly gained or appointment wrongly obtained on the basis of false social status certificate which would correspondingly have the impact: of depriving the genuine citizens of Scheduled Castes or Scheduled Tribes or OBC Candidates as enjoined in the Constitution of the benefits conferred on them by the Constitution.

5. Application to educational institutions are generally made by parents. It is the parents or guardians who may play fraud claiming false status certificate. It is, therefore, necessary that certificates issued are scrutinized at the earliest and with utmost expedition and promptitude. The Apex Court therefore streamlined the procedure for the issuance of a social status certificate, its scrutiny and approval.

6. The Apex Court in the aforementioned case streamlined the entire procedure and has laid down the time limit within which these certificates have to be verified. The Court which has made a comprehensive procedure for verification is briefly recapitulated primarily to demonstrate whether the directions of the Apex Court are strictly followed or not.

(i) The application for grant of social status certificate should be made to the Revenue Sub-Divisional Officer and Deputy Collector or Deputy Commissioner and the certificate shall be issued by them.

(ii) The application for verification of the caste certificate by the Scrutiny Committee shall be filed at least six months in advance before seeking admission into educational institution or an appointment to a post.

(iii) All the State Governments shall constitute a Committee of three officers, namely (I) an Additional or Joint Secretary or any officer higher in rank of the Director of the concerned department, (II) the Director, Social Welfare/Tribal Welfare/Backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another officer who has intimate knowledge in the verification and issuance of the social status certificates. In the case of Scheduled Tribes, the Research Officer who has intimate knowledge in identifying the tribal communities, parts of or groups of tribes or tribal communities.

(iv) Each Directorate should constitute a vigilance cell consisting of Senior Deputy Superintendent of Police in overall charge and such number of Police Inspectors to investigate into the social status claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the place from which he originally hails from. The Vigilance Officer should personally verify and collect all the facts of the social status claimed by the candidate or the parent or guardian, as the case may be. He should also examine the school records, birth registration, if any. He should also examine the parent, guardian or the candidate in relation to their caste etc.or such other persons who have knowledge of the social status of the candidate and then submit a report to the Directorate together with all particulars as envisaged in the pro forma, in particular, of the Scheduled Tribes relating to their peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies, etc. by the concerned castes or tribes or tribal communities etc.

(v) The Director concerned, on receipt of the report from the Vigilance Officer, if he found the claim for social status to be not genuine or doubtful or spurious or falsely or wrongly claimed, the Director concerned should issue show cause notice supplying a copy of the report of the vigilance officer to the candidate by a registered post with acknowledgment due or through the head of the concerned educational institution in which the candidate is studying or employed. The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice and in no case on request not more than 30 days from the date of the receipt of the notice. Further detailed procedures have been laid down in the aforementioned judgment of the Supreme Court.

(vi) In case the report is in favour of the candidate and found to be genuine and true, no further action need be taken except where the report or the particulars given are procured or found to be false or fraudulently obtained and in the latter event the same procedure as is envisaged in para 6 be followed.

(vii) The inquiry should be completed as expeditiously as possible preferably by day to day proceedings within such period not exceeding two months. If after inquiry, the Caste Scrutiny Committee finds the claim to be false or spurious, they should pass an order cancelling the certificate issued and confiscate the same. It should communicate within one month from the date of the conclusion of the proceedings the result of enquiry to the parent/guardian and the applicant.

(viii) In case of any delay in finalizing the proceedings arid in the meanwhile the last date for admission into an educational institution or appointment to an officer post, is getting expired, the candidate be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the social status certificate already issued or an affidavit duly sworn by the parent/guardian/candidate before the competent officer or non-official and such admission or appointment should be only provisional, subject to the result of the inquiry by the Scrutiny Committee.

(ix) The order passed by the Committee should be final and conclusive only subject to the proceedings Under Article 226 of the Constitution.

(x) The High Court was also directed to dispose of these cases as expeditiously as possible within a period of three months.

In case the certificate obtained or social status claimed is found to be false, the parent/guardian/the candidate should be prosecuted for making false claim. If the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the State or the Union or elections to any local body, legislature or the Parliament.

7. The Apex Court after streamlining the above procedures for the issuance of a social status certificates, their scrutiny and their approval, observed as under : "Since the procedure could be fair and just and shorten the undue delay and also prevent, avoidable expenditure for the State on the education of the candidate admitted/appointed on false social status or further continuance therein, every State concerned should endeavour to give effect to it and see that the constitutional objectives intended for the benefit and advancement of the genuine Scheduled Castes/Scheduled Tribes or Backward Classes, as the case may be are not defeated by unscrupulous persons."

8. In the light of the aforementioned detailed procedure streamlined by the Apex Court, we have to examine whether the consequential actions have been taken by the State Government to implement the Apex Court's directions and even after setting up of the Committees, whether those Committees are adhering to the guidelines provided .in the judgment strictly.

9. It may be relevant to mention the historical perspective as far as the State of Maharashtra is concerned.

10. The learned counsel appearing for the State Scrutiny Committee has brought to our notice the earlier circulars issued by the Government from time to time.

11. On 6th May, 1980, a circular was issued by the Social Welfare, Cultural Affairs, Sports and Tourism Department, regarding the claims of the candidates to be appointed on reserved posts were directed to be scrutinized. By a Government resolution dated 23rd January, 1985, issued by the Tribal Development Department, a separate Scrutiny Committee for verification of only tribe claims was set up at Pune. Vide Government Resolution dated 3-6-1992, two Additional Committees for verification of only Tribe claims were established at Nasik and Nagpur.

12. On 2nd September, 1994, the Apex Court in the aforementioned decision of Kumari Madhuri Patil directed that the Scrutiny Committee be reconstituted in pursuance of the guidelines given by the Apex Court. On 25th September, 1995, the Government of Maharashtra issued directions to reconstitute the Scrutiny Committee. On 26th October, 1995, guidelines were issued and the Scrutiny Committees in Pune, Nasik and Nagpur were reconstituted. On 28th April, 1997, the Tribal Development Department sought leave of the Apex Court to create three Additional Committees. Accordingly, three Additional Committees were allowed to be established at Amrawati. Thane and Aurangabad. These three Committees were reconstituted vide Government Resolution dated 14th July. 1997. On 6th, September, 2000 three Committees at Pune, Nasik and Nagpur were reconstituted and at Amrawati, Aurangabad and Thane these three Committees were established. On 18th October, 2001. Maharashtra Act Mo. XXIII of 2001 was given effect to. Rules framed under the said Act given effect by the Tribal Development Department, on 4th June, 2003. On 11th March, 2005 and 8th April, 2005, according to the decision of the Cabinet dated 11th January. 2005. the Tribal Development Department sought opinion of the Law and Judiciary Department. The Principal Secretary and RLA opined to seek approval from the Apex Court prior to making such appointments. Although six independent posts of Vice-Chairmen of Scrutiny Committees are created the same could not be filled in. Now the said subject is again awaiting to place before the State Cabinet in view of the opinion of the Law and Judiciary Department. It is also mentioned that these independent Committees have been attached with Vigilance Cell comprising the posts of Senior Deputy Superintendent of Police, two posts of Police Inspectors and 3 posts of Senior Research Officers have not been filled. It is the view of the Government which is by the Principal Secretary and RLA vide order dated 11th March, 2005 and in view of the decision taken by the Cabinet Department moved to appoint Judicial Officers as Vice-Chairmen instead of Additional Commissioners, Tribal Development Depan-ment. The Chairman was expected to hold the meetings but due to one or the other reasons the Chairman was not available Lo the meetings to preside over the same.

13. The Apex Court gave comprehensive directions in Madhuri Patil's case (supra). In para 13(9) of the judgment the Court clearly observed that the proceeding should be completed as expedl-tiously as possible and preference within two months. Para 13(9) containing the directions of the Apex Court reads as under :

"The inquiry should be completed as ex-peditiously as possible preferably by day-to-day proceedings within such period not exceeding two months. If after inquiry, the Caste Scrutiny Committee finds the claim to be false or spurious, they should pass an order cancelling the certificate issued and confiscate the same. It should communicate within one month from the date of the conclusion of the proceedings the result of enquiry to the parent/guardian and the applicant."

14. In subsequent para 13(10) it is mentioned that in case of any delay in finalizing the proceedings, and in the meanwhile the last date for admission into an educational institution or appointment to an officer post is getting expired, the candidate be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the social status certificate already issued or an affidavit duly sworn by the parent/guardian candidate before the competent officer or non official and such admission or appointment should be only provisional, subject to the result of the inquiry by the Scrutiny Committee. Their Lordships of the Apex Court in para 13(13) have directed the High Court to dispose of these cases as expeditiously as possible within a period of three months.

15. The question now arises for consideration is as to whether the directions given by the Apex Court in the aforementioned Madhuri Patil's case are in practice being followed by the Scrutiny Committees in the State of Maharashtra. Their Lordships of the Apex Court clearly observed that the members of the Committee should work full-fledged and they shall not be allowed any additional work so that the Committee would be in a position to conduct the enquiry as expected in the case of Madhuri Patil. The members of the Committee shall not be appointed for any other work resulting in tardy disposal of the cases.

16. We have been informed that the Committees for Scrutiny of Tribe Claims usually meet once in a week. The learned counsel for the State submits that the other Committees for verification of caste claims of Scheduled castes, VJNT, OBC and Special Backward Category meet some time more than once in a week. It. would be pertinent to note that in para 13(5) of the judgment in the case of Madhuri Patil, the Apex Court directed that "Each Directorate should constitute a Vigilance Cell consisting of Senior Deputy Superintendent of Police in overall charge.and such number of Police Inspectors to investigate into the social status claims.

17. In pursuance to the Rules framed Under Section 18 of the Maharashtra Act No. XXIII of 2001, Rule 10 speaks for constitution of Vigilance Cell. A Vigilance Cell shall consist of (1) one Senior Deputy Superintendent of Police, (2) Two Police Inspectors (3) three Police Constables and (4) one Research Officer.

18. In Maharashtra, out of six Scheduled Tribe Committees, there are no persons of the rank of Senior Deputy Superintendent of Police in four Committees. No Research Officer is being deputed in the matter of Vigilance Cell inquiry. Whereas, the Senior Research Officer is the only member of the Committee but not in Vigilance Cell.

19. Learned Counsel for the respondent Committee filed an affidavit of Vilas s/o Vishnu Deshmukh, Joint Director, Tribal Research and Training Institute, Pune, in which some details have been given according to which, about 22,584 tribe claims are pending. The respective pendency of the tribe claims before these six Committees is given as follows :

  1. Pune                 :1997
2. Thane                :4084
3. Nashik               :10,001
4. Aurangabad           :1,846
5. Nagpur               :3797
6. Amravati             :859
 

20. According to the chart submitted by the learned Assistant Government Pleader, total pending matters are 61,609 and the position of the cases pending before the Six Committees in various Committees is as follows :
  1. Aurangabad           :19,476
2. Mumbai               :13,448
3. Nagpur               :9,247
4. Amrawati             :6,243
5. Nasik                :10,989
6. Pune                 :2,206
 

21. The inordinate delay is taking place in verification of the claim and directions given by the Hon'ble Supreme Court are being flouted.
 

22. The learned counsel for the petitioners have pointed out in the case of Bhima Thakur whose claim was forwarded on 28-5-1994 through the Divisional Controller, MSRTC, Dhule, was not decided till 2004. Ultimately he had to file a Writ Petition No. 3746 of 2004 before this Court. This demonstrates that some claims are pending before the Nasik Committee for more than 11 years. The aforementioned chart indicates huge pendency of claims before the various Committees. This is the clear violation of the judgment of the Apex Court in Madhuri Patil's case . Hundreds of petitions have been filed in the Bombay High Court at Mumbai, and its benches at Nagpur and Aurangabad with prayer that these Committees be directed to dispose of the claims of the petitioners expeditiously. The claims which are pending in these petitions indicate that the directions given by the Apex Court have not been complied with by these Committees appointed in pursuance to the judgment of the Apex Court. In this view of the matter, it has become imperative to give following directions to the State :-

(A) The Committees constituted by the State must be strictly in consonance with the judgment of the Apex Court in Madhuri Patil's case.

(B) Henceforth the Committees must work on full time basis.

(C) The Committees are directed to complete the enquiry of caste/tribe verification within a period not exceeding two months and after enquiry if the Committee finds that the claim to be false or spurious, they should pass an order cancelling the certificate issued and confiscate the same. The Committee should communicate the result of conclusion of the proceedings within one month.

(D) In case it is not possible for the exist ing committees to adhere to the strict guide-lines given by the Apex Court we direct the State to appoint larger number of commit-, tees to ensure that the Apex Court's directions are strictly complied with.

(E) We further direct that all vacancies in these Committees and the supporting staff including the vacancies of the Deputy Superintendent of Police, Police Inspectors, Research Officer, Lower Grade Stenographers, Steno-Typist, Clerk/Typists, Drivers, Peons, must be filled in within two months.

(F) The Vigilance Committee be constituted in consonance with the directions issued by the Apex Court.

(G) The Research Officer as directed by the Apex Court in 2nd Judgment in the case of Madhuri Patil (supra) in which the Court mentions that along with the Vigilance Cell, one Research Officer/ Tribal Development or Social Welfare Officer would be associated in finding the social status of eligibility of the officers.

23. Since these Committees have not been functioning in consonance with the directions given by the Apex Court, therefore, it has become imperative that the Principal Secretary, Tribal Development Department and the Principal Secretary, Social Justice Department are directed to closely supervise the functioning of those Committees to ensure that the Apex Court directions are strictly complied with.

24. We direct both the Secretaries to submit report to this Court regarding pendency of the various claims pending before the Committees every quarterly until further orders.

25. In view of our general directions, we direct that in the aforementioned writ petitions, the claims of the petitioners must be decided as expeditiously as possible and, in any event, within three months from the date of receipt of the order by the concerned Com- , mittees. The Committees are directed to strictly follow the directions given by the Apex Court in the case of Madhuri Patil, .

26. With the above directions, these writ petitions are accordingly disposed of.