Bombay High Court
Somnath Gorakh Bagul vs The State Of Maharashtra Through Tribal ... on 8 January, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:907-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.14732 OF 2023
1. Somnath Gorakh Bagul,
age 63 yrs, Occ. Retired,
R/o 56-b, Laxmi Nagar,
Behind ITI College,
Deopur Dhule, Dist. Dhule.
2. Sonal Somnath Bagul,
age 32 yrs, Occ. Nil,
R/o 56-b, Laxmi Nagar,
Behind ITI College,
Deopur Dhule, Dist. Dhule. Petitioners.
VERSUS
1. The State Of Maharashtra
Through Tribal Deptartment
Mantralaya, Mumbai.
2. The Deputy Director,
Caste Scrutiny Committee,
Having office at Deopur,
Tq. & Dist Dhule. Respondents
.....
Advocate for the Petitioners : Mr. M.R. Wagh
AGP for Respondents No.1,2 : Mr. V.M. Jaware
.....
CORAM : SMT. VIBHA KANKANWADI AND
S. G. CHAPALGAONKAR, JJ.
Dated : January 08, 2024
......
JUDGMENT :
- (Per S.G. Chapalgaonkar, J.)
1. Rule, Rule made returnable forthwith. Heard
finally by consent of parties.
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The petitioners have approached this Court under Article 226
of the Constitution of India, impugning the order dated
13.9.2023 passed by the respondent no.2-Caste Scrutiny
Committee, Dhule, by which the validity certificate granted in
favour of the petitioners have been canceled and their caste
claim for "Thakur Scheduled Tribe" has been declared as
invalid and further directions are given to initiate action
against petitioner no.1 under the provisions of section 10 and
11 of the Act of 2000. Further, directions are given to deposit
caste certificate and caste validity certificates dated 12.1.2001
and 9.6.2000 with the Committee within a period of eight
days.
2. The petitioners contend that they are belonging to
"Thakur Scheduled Tribe." Consequently, the caste claim of
petitioner no.1 was submitted for verification with the
Committee. The Committee vide order dated 12.1.2001
validated caste claim of the petitioner and issued certificate
no.DD/TCSC/NSK/DHU-SERV-467-97. Similarly, caste claim
of the petitioner no.2 had been validated by the Committee
and validity certificate no. DD/TCSC/NSK/DHU/EDN-567-
99/5745 had been issued in her favour by the Committee at
Nashik. The Committee, was referred with the caste validity
certificates of the petitioners while considering caste claim of
Bhavana Yashwant Thakur. During hearing said claim, the
Committee issued show cause notice to the petitioners
indicating that the Committee possess the powers of cancelling
the validity certificates on the ground of fraud or suppression
of material facts or misrepresentation. In response to such
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notice petitioners submitted detailed reply to the show cause
notice and also filed on record several documents justifying
their caste validity for "Thakur Scheduled Tribe". However, the
Committee under impugned order cancelled/recalled the caste
validity certificates after almost 20 years and directed to
surrender the same. Petitioner no.1 is now retired from
service. Petitioner no.2 has completed her education.
According to the petitioners, the Committee had wrongly
assumed jurisdiction to cancel caste validity certificates that
too after more than twenty years of it's existence. The reasons
adopted by the Committee are nothing more than on
assumptions, presumptions and surmises and inconsistent with
voluminous record supporting caste claim of the petitioners.
3. Mr. M.R. Wagh, learned advocate appearing for
the petitioners vehemently submit that the Committee could
not have exercised the powers of review in absence such
provisions under the Act of 2000 or rules framed thereunder.
He would submit that the Division Bench of this Court in
recent order dated 1.11.2023 passed in the group of writ
petitions tagged with Writ Petition No.8822 of 2022 reiterated
that the caste Scrutiny Committee cannot exercise suo-motto
powers of review and set aside/recall the validity certificate
issued earlier. Mr. Wagh, would further submit that, the caste
claims of the petitioners have been considered by the then
Committee in the year 2001 and, after due inquiry and
investigation, validity was conferred upon them. While
considering the claim of the blood relations namely Bhavana
Yashwant Thakur, vague show cause notices were issued
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without assigning proper reasons for re-opening/re-calling of
the caste validity conferred upon the petitioners. He would
further submit that petitioners have not only justified the
validity granted in their favour by then Committee, but also
produced voluminous documents justifying their caste claim.
As such, he urges that the order passed by the Committee is
liable to be quashed and set aside.
4. Learned AGP vehemently supports the order
passed by the Committee. He would submit that, in case
validity certificate is found to be obtained by exercising fraud
or misrepresentation, the Committee has adequate powers to
reopen the inquiry pertaining caste validity certificate and in
appropriate cases recall or cancel such validities. He would
submit that the petitioners had obtained validity certificates by
misrepresentation and suppression of contra entries regarding
their caste. Therefore, show cause notices were issued to the
and after granting sufficient opportunity of hearing, the
Committee has concluded to cancel/recall caste validity
granted in favour of the petitioners.
5. We have considered the submissions advanced by
the learned advocates appearing for the respective parties.
Perused the documents submitted alongwith the petition so
also original record received from the Committee. Admittedly,
both the petitioners were granted caste validity certificates for
"Thakur Scheduled Tribe" by the competent committee on
12.1.2001 and 9.6.2000 respectively. The petitioner no.1
Somnath retired from service. Petitioner no.2 Sonal completed
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her education. However, while considering caste claim of
blood relations, caste validity certificates conferred upon the
petitioners were relied as supporting evidence hence
committee called record in files of petitioners. Thereafter in
month of September 2019 Committee issued show cause
notices to petitioners. The perusal of the committee's order
dated 23.8.2019 or notes of proceedings dated 4.9.2019 would
depict that no specific reasons have been mentioned as to why
the Committee took the decision to reopen inquiry in respect of
validity granted in favour of the petitioners. It simply states
that the Committee possess powers to cancel/recall validity
certificates obtained by exercise, fraud or by misrepresentation.
Therefore, the petitioners shall show cause as to why the caste
validity granted in their favour shall not be canceled or
recalled.
6. It appears that petitioners caused their appearance
before the Committee and submitted a detailed representation
dated 5.11.2019 and raising objection to reopening of inquiry
in the matters of validity certificates granted to them. The
petitioners denied relationship with the persons who were
found to have contra entries as per vigilance report received by
the Committee. The petitioners have also relied upon the
various judgments of this Court to contend that the Committee
has no jurisdiction to review the caste validity already granted
in favour of the petitioners.
7. In aforesaid factual background, the issue that
requires consideration is 'as to whether the Committee has
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jurisdiction to review/reopen the inquiry into caste validity
certificates granted in favour of the petitioners. ' The petitioners
have placed reliance upon the judgment dated dated 1.11.2023
delivered by Division bench of this court in the matter of Bharat
Nagu Garud Vs. State of Maharashtra and others in WP No.8822 of
2022 (reported in 2023 SCC online Bom 2537) wherein it is
observed thus :-
"there cannot be a free hand or a license
to the Caste Scrutiny Committee to reopen
concluded cases of validity being conferred
by it by it's earlier orders to be revisited or
re-examined on a complaint or otherwise
and review its orders. This Court has
further observed that if an inherent power
of review is to be read in the provisions of
the Act of 2000, it would lead to a
monumental uncertainty and absurdity in
the functioning of the Caste Scrutiny
Committee, as it can be at the ipse dixit of
the Caste Scrutiny Committee to reopen
concluded cases. This would lead to
patent arbitrariness. For such reasons, it is
not possible to come to the conclusion that
any inherent powers of review is available
with the Caste Scrutiny Committee".
8. Pertinently Division Bench considered the legal
position in great detail. Even, the observations of the Supreme Court
in case of J. Chitra Vs. District Collector and Chairman State Level
Vigilance Committee, Tamil Nadu & Ors. In Civil Appeal No.5160 of
2010 have been considered alongwith statutory provisions under act
of 2000 and rules and finding is arrived that the Committee possess
no power to reopen the concluded claims. At this stage, the learned
the AGP would submit that, in case, validity is obtained by
misrepresentation, suppression or fraud, the Committee cannot be
said to be powerless to withdraw/recall the validity certificates. He relies
on observations of Supreme Court in case of Raju Ramsing Vasave
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Vs. Mahesh Deorao Bhivapurkar and others reported in (2008)
9 SCC 54, to the effect that it would be permissible to reopen
the Scheduled Castes and Tribes validity certificates on the
basis of further developments, which warrant re-consideration,
if it can be seen that the Scheduled Tribes status was wrongly
granted. He submits that in case of Rajeshwar Bone vs State of
Maharashtra reported in (2015) 14 SCC 497 decision of
Division bench of this court approving decision of committee
to reopen caste validity on ground of fraud has been upheld by
Supreme Court when it was noticed that subject validity was
obtained suppressing invalidation of claim of real brother
which had attained finality up to supreme court. He has further
relied on pristine maxim which has never lost its temper over
the centuries "fraus et jus nunquam cohabitant" i.e. Fraud and
justice never dwell together. In words of lord Denning "no
judgment of court, no order of minister can be allowed to
stand if it has been obtained by fraud, for, fraud unravels
everything'
9. Although, Division bench of this court concluded
that the Committee had no jurisdiction to review its own order
of granting caste validity under the scheme of act of 2000 and
rules framed thereunder and we have no hesitation to concur
with the said view, but in light of material relied by learned
AGP, even assuming such powers are with the Committee to
undo the fraud, we are inclined to examine whether
Committee is justified to do so in facts of this case. Apparently,
the petitioners were granted validity certificates in the year
2000-2001 by the competent committee. The Committee
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recorded finding that the petitioners have obtained the validity
certificates by suppression of material facts as regards to contra
entries in respect of blood relations. The Committee relied
upon contra entries in respect of the alleged blood relations of
petitioners right from 1905 to 1922 indicating their caste
entries as "Bhat". According to the Committee, such entries
were suppressed by the petitioners. The Committee observed
that such contra entries are revealed during verification of the
caste claim of Jagannath Gorakh Bhamare, who is real brother
of petitioner no.1 and Bhavana Yeshwant Bagul. Pertinently,
the Committee has nowhere observed that petitioners were
aware about any such contra entry and they have intentionally
suppressed the same from the Committee. Perusal of the
proceedings before the Committee no where depicts that
petitioners were specifically called upon to explain any contra
entry. The show cause notice was apparently sans reasons to
reopen inquiry in to validated caste certificates.
10. Per contra, the petitioners have in fact placed on
record the oldest document of 1877 in respect school
admission of Bhagwan Ramsing, which records his caste as
'Thakur'. Said document has been verified by Vigilance Officer
while dealing with the caste claim of the Rahul Thakur. There
are no adverse remarks in respect of the said document. There
are many other school entries from 1877 onward till 1932 in
respect of the blood relations of the petitioners, wherein the
entry regarding 'Thakur' has been recorded. It is trite that
when the reliance is placed upon pre-constitutional documents,
the oldest documents would fetch greater probative value. In
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such case contra entries noticed in recent past would not have
overriding effect over oldest pre-constitutional record which
needs to be given precedence in the matter of appreciation of
evidence. Pertinently committee has not recorded cogent
reason as to why the oldest record produced on behalf of the
petitioners is not worthy acceptance. In our considered view
when the Committee was dealing with caste validities already
granted to petitioners almost twenty years back, there was no
scope of re-appreciation of the evidence like appellate forum.
The petitioners cannot be asked repeatedly to reestablish their
caste only because his validity certificate is sought to be relied
by his blood relation in recent claim. One can understand that
the Committee records glaring fraudulent instances and issues
show cause notices to the validity holder calling his
explanation. However, only because some contra material has
been discovered latter in point of time, the petitioners cannot
be called upon to explain such material or re-establish his
claim. If such practice is permitted, whole object of
constitution of Caste Scrutiny Committee or verification of the
claims and object of giving finality under section 7(2) of the
Act would be frustrated. No finality could be attached to any
validity certificate and it would be prone to be attacked any
time. It is possible that such practice adopted by the
Committee would be misused and validities granted are re-
opened after enormous delay. For the reasons as recorded
above, we have no hesitation to hold that the order passed by
the Committee is perverse and liable to be quashed and set
aside. Resultantly, we pass the following order.
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ORDER
i. Writ Petition is hereby allowed.
ii. The impugned order dated 13.9.2023
passed by respondent no.2 - Caste Scrutiny
Committee thereby recalling the earlier decision
granting validity of caste certificate to the
petitioners and invalidating caste certificates or
recalling validity certificates issued to petitioners
is hereby quashed and set aside.
iii. The caste validity certificate dated
12.1.2001 granted in favour of petitioner no.1
and caste validity certificate dated 9.6.2000
granted in favour of petitioner no.2 shall stand
restored.
iv. Writ Petition is accordingly disposed off
with no order as to costs. Rule is made absolute.
( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. )
...
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