Gujarat High Court

Dinesh Virabhai Khuman vs State Of Gujarat on 23 August, 2023

Bench: Vaibhavi D. Nanavati

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 2892 of 2022

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                        DINESH VIRABHAI KHUMAN
                                 Versus
                           STATE OF GUJARAT
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Appearance:
KRUTARTH K DESAI(9662) for the Petitioner(s) No. 1
DHRUV TOLIYA(9249) for the Respondent(s) No. 4
MS JYOTI BHATT, AGP for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 23/08/2023

                                ORAL ORDER

1. By way of present petition, the petitioner herein has

challenged the order dated 21.01.2022 passed by the

respondent No.2 whereby, the respondent No.2 arrived at the

conclusion that the caste certificate of Mr. Amit Shivlal

Chavada is just and proper and the same is ordered to be

continued. Being aggrieved by the said order, the petitioner

herein has approached this Court seeking the following reliefs:

"(A) YOUR LORDSHIPS be pleased to admit and allow this petition and issue writ of certiorari or certiorarifide Mandamus or any other appropriate writ, order or directions in nature of certiorari or any other writ and to quash and set aside the order passed by the respondent No.2 dated 21.01.2022.

(B) YOUR LORDSHIPS be please to grant alternative prayer to remand the matter back to the Respondent No.2 directing them to re- appreciate the evidences and calling for original caste certificate and get it scientifically examined, within the specified and prescribed time

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limit.

(C) YOUR LORDSHIP be pleased to grant any other just and proper relief in the interest of justice and equity."

2. Briefly stated that the petitioner herein preferred Special

Civil Application No.11310 of 2021 challenging the election of

respondent No.4 as President of Bharuch Nagarpalika, the seat

being reserved for the Scheduled Caste. The petitioner was

directed to approach the Scrutiny Committee for ventilating

the grievance and accordingly, the Special Civil Application

No.11310 of 2021 was disposed of by the order dated

21.10.2021.

2.1 Pursuant to the said directions in Special Civil Application

No.11310 of 2021 by order dated 21.10.2021, the petitioner

preferred an application before the Scrutiny Committee on

25.10.2021 wherein, the petitioner herein has challenged the

caste certificate of the respondent No.4. The Scrutiny

Committee considering the documents produced on record and

after granting opportunity of hearing to the petitioner as well

as the respondent No.4, upheld the caste certificate held by

the respondent No.4 as Hindu Mahyavansi - Scheduled Caste

being No.191131 dated 18.06.1997. It is apposite to refer to

the said order dated 21.01.2022 passed by the Scrutiny

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Committee, which reads thus: (true translation)

"ORDER

(1) Details of case pertaining to Scheduled Caste Certificate of Shri Amitkumar Shivlal Chavda, resident of 9, Satyam Society, Zadeshwar Road, Bharuch is as under:-

 Sr.                     Details            Detailed Information
 No.
  1.    Name and Address of person        Dineshbhai Virabhai Khuman
        making representation             398-399, Sarvoday Society,    Near
                                          Apna Ghar Society, Gujarat Housing
                                          Board, Bharuch
  2.    Name and Address of Caste         Shri. Amitkumar Shivlal Chavda,
        Certificate bearer                resi. 9, Satyam Society, Zadeshwar
                                          Road, Bharuch.

  3.    Caste Certificate No. and Date    Caste Certificate No. 191131 dated
                                          18/06/1997
  4.    Name and designation of the       District Social Welfate Officer, District
        Officer     issuing   Caste       Panchayat Office, Bharuch.
        Certificate


(1)     Representation of Shri Dineshbhai Virabhai Khuman, 398-399,

Sarvoday Society, Near Apna Ghar Society, Gujarat Housing Board, Bharuch, District Bharuch.

Criminal Case No.26/2021 has been filed in the Court of Chief Judicial Magistrate, Bharuch, wherein they have complained that there are total 11 wards in the Bharuch Nagar Palika and there are total 4 seats in each ward. Shri Amitkumar Shivlal Chavda has filled up form from the seat of Ward No.5 of Bharuch city. In his School Leave Certificate No.57 bearing G.R.No.5051 dated 31/05/1997 of the Navjivan Vidyalay submitted before the Electoral Officer, the sub caste is mentioned as "Hindu Darji". Moreover, in the School Leaving Certificate No.3237 bearing G.R.No.5497 dated 31/03/1999 of the R.S.Dalal Government High School, Bharuch, the sub-caste is mentioned as "Hindu Darji". Furthermore, Shri Amitkumar Shivlal Chavda, resident of Bharuch has obtained Caste Certificate No.191131 dated 18/06/1997 as "Hindu Mahyavanshi" caste from the office of District Social Welfare Officer, District Panchayat, Bharuch, which has been obtained fraudulently. He does not belong to Scheduled Caste. Such kind of representation was made.

(1) It was directed to conduct inquiry urgently and submit factual report regarding lapse committed in issuance of the Caste Certificate issued by the Social Welfare Office, Bharuch District Panchayat pursuant to letter No.AJP/ 152021/ 365775/ H dated 01/09/2021 of Department of Social Justice and Empowerment of the Government, Sachivalay, Gandhinagar.







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(2) In this regard, vide letter No.AJAK/ M-4/ 208/ 2021/ 4575-76 dated 20/09/2021 and 24/11/2021 of this Office, the Social Welfare Officer, District Panchayat, Bharuch was informed to submit detailed report with proofs and grounds regarding as to whether the Caste Certificate No.191131 dated 18/06/1997 as "Hindu Mahyavanshi" obtained by Shri Amitkumar Shivlal Chavda from the office of the then District Social Welfare Officer, District Panchayat Office, Bharuch should be continued or cancelled.

In response thereto, details of report received from District Social Welfare Officer, District Panchayat Office, Bharuch vide letter No.GP/ SK/ VASHI/ 195/ 21 dated 09/12/2021 is as under:

(1) In the School Leave Certificate No.57 bearing G.R.No.5051 dated 31/05/1997 of the Navjivan Vidyalay of Shri Amitkumar Shivlal Chavda, resident of of 9, Satyam Society, Zadeshwar Road, Bharuch, the sub-caste is mentioned as "Hindu Darji". Moreover, in the School Leaving Certificate No.3237 bearing G.R.No.5497 dated 31/03/1999 of the R.S.Dalal Government High School, Bharuch, the sub-caste is mentioned as "Hindu Darji".

(2) Furthermore, Shri Amitkumar Shivlal Chavda, resident of 9, Satyam Society, Zadeshwar Road, Bharuch has obtained Caste Certificate No.191131 dated 18/06/1997 as "Hindu Mahyavanshi", showing it as one of the castes belonging to Scheduled Caste, from the then District Social Welfare Officer, District Panchayat Office.

(3) Specimen of the register of Caste Certificates of District Panchayat has been produced.

(4) The father of the Caste Certificate bearer, Shri Shivlal Khushalbhai Chavda has mentioned sub caste as "Hindu Mahyavanshi", place of birth as Gajera, Taluka Jambusar and date of birth as 12/06/1948 in his School Leaving Certificate No.800, G.R.No.600 issued by Nutan Vidhyalay, Gajera.

(5) In the Caste Certificate No.2730 dated 26/04/1976 obtained by the father of the present caste certificate bearer from the District Social Welfare Officer, District Panchayat Office, Bharuch, his caste is mentioned as "Hindu Mahyavanshi.

(6) The copy of the first page of the service book of the present caste certificate bearer's father has been produced, wherein the caste is mentioned as "Hindu Mahyavanshi".

(7) In the Caste Certificate No.M.S.C/454 dated 06/04/1960 obtained by the elder father of the present caste certificate bearer from Additional Mamlatdar, Mamlatdar Office, Jambusar, the caste is mentioned as "Hindu Mahyavanshi".

(8) School Leaving certificate no.508, G.R.no.5872 of the R.S.Dalal Government High School, Bharuch of the brother of the caste certificate holder, wherein sub-caste- "Hindu Mahyavanshi" is mentioned.






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(9)     Caste certificate no.234, dated 09/07/1992 of "Hindu

Mahyavanshi" of the brother of the caste certificate holder, obtained from the District Social Welfare Officer, District Panchayat Office, Bharuch.

(10) Copy of the application submitted by the brother of the caste certificate holder for obtaining caste certificate, is presented.

(11) Abstract of the register of caste certificate of the District Panchayat regarding the caste certificate obtained by the brother of the caste certificate holder, wherein entry is made on sr. no.234 on 09/07/92.

(12) Caste certificate no.128, dated 11/07/1996 of "Hindu Mahyavanshi" of the sister of the caste certificate holder, obtained from the District Social Welfare Officer, District Panchayat Office, Bharuch.

(13) Abstract of the register of caste certificate of the District Panchayat regarding the caste certificate obtained by the sister of the caste certificate holder, wherein entry is made on sr. no.128, on 11/07.

(14) Caste certificate no.1835, dated 18/06/1983 of "Hindu Mahyavanshi" of the cousin brother of the caste certificate holder, obtained from the District Social Welfare Officer, District Panchayat Office, Bharuch.

(15) Date 24/07/2003 is mentioned in the Caste certificate of "Hindu Mahyavanshi" of the cousin brother of the caste certificate holder, obtained from the District Social Welfare Officer, District Panchayat Office, Bharuch.

(16) School leaving certificate no.6743, G.R.no.3634, dated 07/10/1985 of the Nutan Vidyalaya, Gajera, Taluka- Jambusar, District- Bharuch of the cousin sister of the caste certificate holder, wherein sub- caste- "Hindu Mahyavanshi", place of birth- Gajera, Taluka- Jambusar, date of birth-14/02/1970 is mentioned.

(17) Caste certificate no.1836, dated 25/09/1986 of "Hindu Mahyavanshi" of the cousin sister of the caste certificate holder, obtained from the District Social Welfare Officer, District Panchayat Office, Bharuch.

(18) In the certificate issued by the Talati cum Mantri, Village panchayat- Gajera, Taluka- Jambusar, District- Bharuch on 07/12/2021, it was mentioned that Mr. Khushalbhai Madhavbhai Chavda is the resident of Gajera, Taluka- Jambusar, District- Bharuch; he belonged to "Hindu Mahyavanshi" caste, occupation- Tailor and certificate was issued in that regard.

(19) Copy of the statement of the father of the caste certificate holder, on 08/12/2021.


(20)      In the statement given by Mr. Kantibhai M. Parmar, President,





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Samast Vankar Samaj Trust- Bharuch, on 07/12/21, it was mentioned that he knows Shivlal Khushaibhai Chavda, resident of Satyam society, Bharuch. He and his son Mr. Amit Chavda belong to "Hindu Mahyavanshi" caste and it is correct.

Statement was given by the complainant Mr. Dineshbhai Virabhai Khuman, 398-399, Sarvodaya society, near Apna Ghar society, Gujarat Housing Board, Bharuch before the State level scrutiny committee, met on 20/12/2021 at 15:00 hours, which is as follows.

(1) Application dated 20/12/2021 with spiral is submitted.

(2) Affidavit along with application dated 15/12/2021 was submitted.

(3) Further, the scrutiny committee asked him whether he possesses evidence that Mr. Amit kumar belongs to "Hindu Darji" caste or not? To which, he replied that I have objection against the caste certificate holder and his caste certificate. I do not have any objection against any other members of the family. He does not have any other evidence in this regard.

(4) In the academic record of Mr. Amitkumar Shivlal Chavda from standard 1 to 12, caste- "Hindu Darji" is mentioned. He has obtained caste certificate of "Hindu Mahyavanshi" without following any legal procedure. It was issued on the basis of his certificate of standard-10 of Navjivan high school, Bharuch. The aforesaid certificate was issued by the District Social Welfare Officer, District Panchayat, Bharuch. The base of issuing the aforesaid certificate is the school leaving certificate of Navjivan high school, Bharuch. Even though he belonged to "Hindu Darji" caste, he wrongfully obtained certificate of "Hindu Mahyavanshi". In the register of caste certificate of social welfare branch, District Panchayat, Bharuch, "Hindu Darji" scheduled caste is mentioned in the column of religion and "Mahyavanshi" is mentioned in the column of caste. Application form record of the year when the certificate was issued at the office of social welfare, is not found. The aforesaid record was deliberately lost by the District Social Welfare Officer, District Panchayat, Bharuch.

Father of Amit Shivlal Chavda has stated in his statement before the Police that he was feeling inferior in showing his caste. Therefore, he has dictated caste of his son as "Hindu Darji" in the school. Amit Shivlal Chavda has also corroborated this fact. Caste Certificate issued by Social Welfare Branch of District Panchayat does not bear seal of the respective Office and signature of Officer in the Register and Certificate does not match with another signature. Hand Writing Expert Report has been submitted in this regard. It has been submitted to cancel the Caste Certificate issued by Social Welfare Branch of District Panchayat to Amit Shivlal Chavda as the same is false and bogus.

The complainant Shri Amit Shivlal Chavda, 09, Satyam Society, Mafatpur road, Bharuch has submitted additional evidences before State Level Scrutiny Committee convened on 20/12/2021 at 15-00 hours, which are as under.






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     (1)     In School Leaving Certificate No.99, G.R.Number - 999 of Shri

Maheshkumar Bhailalbhai Chavda, son of elder uncle of Amit Chavda, S & I.C. Nagar Panchayat High School, Jambusar, Dist.Bharuch, Sub-caste "Hindu Mayavanshi", Place of Birth-Gajera, Taluka-Jambusar, Date of Birth-22/12/1967 has been mentioned.

(2) In School Leaving Certificate No.2550, G.R.Number - 3669 of Shri Dipakkumar Bhailalbhai Chavda, son of elder uncle of Amit Chavda, The D.E.Etaliya Sarvajanik School, Chikhli, Dist.Valsad, Sub-caste "Hindu Mayavanshi" , Place of Birth-Gajera, Taluka-Jambusar, Date of Birth- 24/12/1972 has been mentioned.

(3) In School Leaving Certificate No.6325, G.R.Number - 3255 of Shri Nirmalaben Bhailalbhai Chavda, daughter of elder uncle of Amit Chavda, Nutan Vidhalaya, Gajera, Dist.Bharuch, Sub-caste "Hindu Vankar" , Place of Birth-Vavli, Taluka-Jambusar, Date of Birth-27/01/1975 has been mentioned.

(4) In School Leaving Certificate No.6743, G.R.Number - 3634 of Shri Ushaben Bhailalbhai Chavda, daughter of elder uncle of Amit Chavda, Nutan Vidhalaya, Gajera, Dist.Bharuch, Sub-caste "Hindu Mayavanshi" , Place of Birth-Gajera, Taluka-Jambusar, Date of Birth- 14/02/1970 has been mentioned.

(5) Village Form No.8 of the residential property of his father and elder uncle of Amit Chavda, wherein Gram Panchayat-Gajera, Taluka- Gajera, Name of the Street-Vankar vas, Property Number-1613, description of property-residence, name of the owners- (1) Bhailal Khushalbhai (2) Shivabhai Khushalbhai have been mentioned.

Moreover, as per provision made in para No. (2) of the Resolution No.AJP/ 102010/ 363446/ H dated 02/08/2010 of the Social Justice and Empowerment Department of the Government, Sachivalaya, Gandhinagar, "keeping in mind the inducement of important benefits of reservation received by reserved classes, the Principals of the schools shall produce the forms after scrutinizing thoroughly in order to ensure that the students, who are not included in Scheduled Caste, should not obtain certificate by producing false information / details. In some cases, where the caste of the student is Scheduled Caste in his school record, but in the records of his/her father, the caste is not Scheduled Caste, the claim of the said Student to be belonging to Scheduled Caste shall be meticulously examined so that a false person do not obtain the certificate of Scheduled Caste. It may also happen that there is no mention of Scheduled Caste in the school record of the student. In such case, the student can prove his claim by producing the reliable documents of his/her father, uncle, grand father, aunt or any other person having blood relation with him/her or previous generation and can fill up his/her form.

After careful consideration in the meeting of State Level Scrutiny Committee convened on 20/12/2021 in view of all the above aspects, as the said Committee has unanimously resolved to confirm the Caste Certificate No.191131 dated 18/06/1997 as "Hindu Mahyavanshi" of Shri Amitkumar

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Shivlal Chavda, resident of 9, Satyam Society, Zadeshwar Road, Bharuch obtained from the then District Social Welfara Officer, District Panchayat, Bharuch, the following order is passed by the Member Secretary, State Level Scrutiny Committee and Joint Director, Scheduled Caste Welfare, Gujarat State, Gandhinagar.

ORDER

Considering all the above documents and proofs produced by Shri Amitkumar Shivlal Chavda, resident of 9, Satyam Society, Zadeshwar Road, Bharuch, the Caste Certificate No.191131 dated 18/06/1997 mentioning his caste as "Hindu Mahyavanshi" obtained from the then District Social Welfara Officer, District Panchayat, Bharuch is confirmed.

As per the provision made vide Resolution No.JPS/ 1096/ I - 78 (95) (1)/ H dated 26/03/2002 of the Social Justice and Empowerment Department of the Government, Sachivalaya, Gandhinagar, if any party is aggrieved by this order of the State Level Scrutiny Committee, he/she can prefer no other appeal except the Special Leave Application (SCA) against this order before the Honourable High Court of Gujarat.

2.2 While passing the aforesaid impugned order, the Scrutiny

Committee also considered the submissions advanced by the

petitioner herein and the documents produced by the

respondent No.4. The said documents considered by the

Scrutiny Committee read thus: (true translation)

"The complainant Shri Amit Shivlal Chavda, 09, Satyam Society, Mafatpur road, Bharuch has submitted additional evidences before State Level Scrutiny Committee convened on 20/12/2021 at 15-00 hours, which are as under.

(1) In School Leaving Certificate No.99, G.R.Number - 999 of Shri Maheshkumar Bhailalbhai Chavda, son of elder uncle of Amit Chavda, S & I.C. Nagar Panchayat High School, Jambusar, Dist.Bharuch, Sub-caste "Hindu Mayavanshi", Place of Birth-Gajera, Taluka-Jambusar, Date of Birth-22/12/1967 has been mentioned.

(2) In School Leaving Certificate No.2550, G.R.Number - 3669 of Shri Dipakkumar Bhailalbhai Chavda, son of elder uncle of Amit Chavda, The D.E.Etaliya Sarvajanik School, Chikhli, Dist.Valsad, Sub- caste "Hindu Mayavanshi" , Place of Birth-Gajera, Taluka-Jambusar, Date of Birth-24/12/1972 has been mentioned.


       (3)      In School Leaving Certificate No.6325, G.R.Number - 3255 of





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Shri Nirmalaben Bhailalbhai Chavda, daughter of elder uncle of Amit Chavda, Nutan Vidhalaya, Gajera, Dist.Bharuch, Sub-caste "Hindu Vankar" , Place of Birth-Vavli, Taluka-Jambusar, Date of Birth- 27/01/1975 has been mentioned.

Considering the aforesaid documents, the Scrutiny

Committee held that the caste certificate issued in favour of

the respondent No.4 dated 18.06.1997 is just and proper.

2.3 Being aggrieved by the said order dated 21.01.2022, the

petitioner herein has approached this Court invoking Article

226 of the Constitution of India.

3. Heard Mr. Krutarth K. Desai, learned advocate appearing

for the petitioner, Ms. Jyoti Bhatt, learned AGP appearing for

the respondent Nos.1, 2 and 3, and Mr. Dhruv Toliya, learned

advocate appearing for the respondent No.4.

4. Mr. Krutarth K. Desai, learned advocate appearing for the

petitioner, submitted that the petitioner herein is aggrieved by

the order impugned dated 21.01.2022 on the ground that the

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contentions raised by the petitioner has not been considered

by the competent authority. Mr. Desai, learned advocate,

submitted that the rectification/correction order dated

28.03.2022, duly produced at page 331 to the petition, is the

order which could not have been suo-moto passed by the

Scrutiny Committee. Mr. Desai, learned advocate, mainly

submitted that the documents which are considered by the

Scrutiny Committee, are not the documents based on which

the application filed by the petitioner objecting to the caste

certificate of the respondent No.4 could be rejected. Placing

reliance on the aforesaid submission, it was mainly contended

that the order impugned be quashed and set aside.

5. Ms. Jyoti Bhatt, learned AGP appearing for the respondent

Nos.1 to 3, placed reliance on the affidavit-in-reply filed by the

respondent Nos.1 and 2 and submitted that while passing

order dated 21.01.2022, the respondent authority considered

the documents which were placed on record and also

considered the family tree of the respondent No.4 wherein, it

transpires that the relatives of the respondent No.4 are having

the same certificate of Scheduled Caste. Ms. Bhatt, learned

AGP, submitted that considering the said documents, the

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respondent authority has scrupulously followed the directions

issued by the Hon'ble Apex Court in (1994) 6 SCC 241. Placing

reliance on the aforesaid submissions, Ms. Bhatt, learned AGP,

submitted that the order impugned dated 21.1.2022 is just and

proper and no interference is called for in the caste certificate

duly issued in favour of the respondent No.4 being Hindu

Mahyavansi.

6. Mr. Dhruv Toliya, learned advocate appearing for the

respondent No.4 herein, submitted that the respondent no.4

herein is holding the caste certificate issued by the competent

authority since 1997, duly produced at page 30 to the petition.

Mr. Toliya, learned advocate, submitted that it was a mistake

that was crept in the School Leaving Certificate, which was

issued by the concerned School. However, the Scrutiny

Committee has considered all the documents, which were on

record and confirmed the caste certificate which was issued in

favour of the respondent No.4 in the year 1997.

6.1 Mr. Dhruv Toliya, learned advocate appearing for the

respondent No.4, submitted that the petitioner herein has

earlier also challenged the appointment of the respondent

No.4 herein wherein, the respondent No.4 came to be

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nominated as the President of Bharuch Nagarpalika, which was

subject matter of petition before this Court and the petitioner

was relegated to the competent authority by order dated

05.04.2021 passed in Special Civil Application No.5897 of 2021

wherein, the respondent No.4 herein was not impleaded as

party respondent though, the prayers were prayed against the

respondent No.4.

6.2 Mr. Dhruv Toliya, learned advocate appearing for the

respondent No.4, submitted that subsequently the petitioner

instituted Criminal Inquiry No.26 of 2021 which is pending

before the learned 3rd Additional Chief Judicial Magistrate,

Bharuch. The respondent No.4 challenged the same by

preferring Special Criminal Application No.1415 of 2022

wherein, by order dated 04.03.2022, the said complaint is

ordered to be stayed.

7. Heard the learned advocates appearing fort he respective

parties. The petitioner herein was permitted to approach the

Scrutiny Committee by order dated 21.10.2021 passed in

Special Civil Application No.15897 of 2021 and in view of the

same, the petitioner was heard by the Scrutiny Committee.

The contentions raised by the petitioner were also considered

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by the Scrutiny Committee while passing the impugned order.

This Court has considered the order passed by the Scrutiny

Committee dated 21.01.2022 whereby a detailed order is

passed and the contentions raised by the petitioner, as

referred above, were also considered. In view thereof, in the

opinion of this Court, the said order is passed after granting

opportunity of hearing to the petitioner and the caste

certificate which was issued by the competent authority dated

18.06.1997 has been accepted. In the opinion of this Court,

once the complaint filed at the instance of the petitioner was

considered by the Scrutiny Committee, the scope of

interference under Article 226 of the Constitution of India is

very limited. The role of the complainant, in the opinion of this

Court, is confined to the complaint lodged before the

competent authority.

8. This Court deems it fit to refer to the decision in the case

of Union of India & Ors. vs. P. Gunasekaran , reported in (2015)

2 SCC 610, paragraphs 12 to 19 read thus :-

"12. Despite the well-settled position, it is painfully disturbing to note that the High Court has acted as an appellate authority in the disciplinary proceedings, re-appreciating even the evidence before the enquiry officer. The finding on Charge no. I was accepted by the disciplinary authority and was also endorsed by the Central Administrative Tribunal. In disciplinary proceedings, the High Court is not and cannot act as a second court of first appeal. The High Court, in

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exercise of its powers under Article 226/227 of the Constitution of India, shall not venture into re- appreciation of the evidence. The High Court can only see whether:

a. the enquiry is held by a competent authority;

b. the enquiry is held according to the procedure prescribed in that behalf;

c. there is violation of the principles of natural justice in conducting the proceedings;

d. the authorities have disabled themselves from reaching a fair conclusion by some considerations extraneous to the evidence and merits of the case;

e. the authorities have allowed themselves to be influenced by irrelevant or extraneous considerations;

f. the conclusion, on the very face of it, is so wholly arbitrary and capricious that no reasonable person could ever have arrived at such conclusion;

g. the disciplinary authority had erroneously failed to admit the admissible and material evidence;

h. the disciplinary authority had erroneously admitted inadmissible evidence which influenced the finding;

i. the finding of fact is based on no evidence.

13. Under Article 226/227 of the Constitution of India, the High Court shall not:

(i). re-appreciate the evidence;

(ii). interfere with the conclusions in the enquiry, in case the same has been conducted in accordance with law;

(iii). go into the adequacy of the evidence;

(iv). go into the reliability of the evidence;

(v). interfere, if there be some legal evidence on which findings can be based.

(vi). correct the error of fact however grave it may appear to be;

(vii). go into the proportionality of punishment unless it shocks its conscience.








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14. In one of the earliest decisions in State of Andhra Pradesh and others V/s. S. Sree Rama Rao, AIR 1963 SC 1723, many of the above principles have been discussed and it has been concluded thus:

"7. ... The High Court is not constituted in a proceeding under Article 226 of the Constitution a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant: it is concerned to determine whether the enquiry is held by an authority competent in that behalf, and according to the procedure prescribed in that behalf, and whether the rules of natural justice are not violated. Where there is some evidence, which the authority entrusted with the duty to hold the enquiry has accepted and which evidence may reasonably support the conclusion that the delinquent officer is guilty of the charge, it is not the function of the High Court in a petition for a writ under Article 226 to review the evidence and to arrive at an independent finding on the evidence. The High Court may undoubtedly interfere where the departmental authorities have held the proceedings against the delinquent in a manner inconsistent with the rules of natural justice or in violation of the statutory rules prescribing the mode of enquiry or where the authorities have disabled themselves from reaching a fair decision by some considerations extraneous to the evidence and the merits of the case or by allowing themselves to be influenced by irrelevant considerations or where the conclusion on the very face of it is so wholly arbitrary and capricious that no reasonable person could ever have arrived at that conclusion, or on similar grounds. But the departmental authorities are, if the enquiry is otherwise properly held, the sole judges of facts and if there be some legal evidence on which their findings can be based, the adequacy or reliability of that evidence is not a matter which can be permitted to be canvassed before the High Court in a proceeding for a writ under Article 226 of the Constitution."

15. In State of Andhra Pradesh and others V/s. Chitra Venkata Rao, (1975) 2 SCC 557, the principles have been further discussed at paragraph-21 to 24, which read as follows:

"21. The scope of Article 226 in dealing with departmental inquiries has come up before this Court. Two propositions were laid down by this Court in State of A.P. V/s. S. Sree Rama Rao.

First, there is no warrant for the view that in considering whether a public officer is guilty of misconduct charged against him, the rule followed in criminal trials that[pic]an offence is not established unless proved by evidence beyond reasonable doubt to the satisfaction of the Court must be applied. If that rule be not applied by a domestic tribunal of inquiry the High Court in a petition under Article 226 of the Constitution is not competent to declare the order of the authorities holding a departmental enquiry invalid. The High Court is not a court of appeal under Article 226 over the decision of the authorities holding a departmental enquiry against a public servant. The Court is concerned to determine whether the enquiry is held by an

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authority competent in that behalf and according to the procedure prescribed in that behalf, and whether the rules of natural justice are not violated. Second, where there is some evidence which the authority entrusted with the duty to hold the enquiry has accepted and which evidence may reasonably support the conclusion that the delinquent officer is guilty of the charge, it is not the function of the High Court to review the evidence and to arrive at an independent finding on the evidence. The High Court may interfere where the departmental authorities have held the proceedings against the delinquent in a manner inconsistent with the rules of natural justice or in violation of the statutory rules prescribing the mode of enquiry or where the authorities have disabled themselves from reaching a fair decision by some considerations extraneous to the evidence and the merits of the case or by allowing themselves to be influenced by irrelevant considerations or where the conclusion on the very face of it is so wholly arbitrary and capricious that no reasonable person could ever have arrived at that conclusion. The departmental authorities are, if the enquiry is otherwise properly held, the sole judges of facts and if there is some legal evidence on which their findings can be based, the adequacy or reliability of that evidence is not a matter which can be permitted to be canvassed before the High Court in a proceeding for a writ under Article 226.

22. Again, this Court in Railway Board, representing the Union of India, New Delhi V/s. Niranjan Singh said that the High Court does not interfere with the conclusion of the disciplinary authority unless the finding is not supported by any evidence or it can be said that no reasonable person could have reached such a finding. In Niranjan Singh case this Court held that the High Court exceeded its powers in interfering with the findings of the disciplinary authority on the charge that the respondent was instrumental in compelling the shut-down of an air compressor at about 8.15 a.m. on May 31, 1956. This Court said that the Enquiry Committee felt that the evidence of two persons that the respondent led a group of strikers and compelled them to close down their compressor could not be accepted at its face value. The General Manager did not agree with the Enquiry Committee on that point. The General Manager accepted the evidence. This Court said that it was open to the General Manager to do so and he was not bound by the conclusion reached by the committee. This Court held that the conclusion reached by the disciplinary authority should prevail and the High Court should not have interfered with the conclusion.

23. The jurisdiction to issue a writ of certiorari under Article 226 is a supervisory jurisdiction. The Court exercises it not as an appellate court. The findings of fact reached by an inferior court or tribunal as a result of the appreciation of evidence are not reopened or questioned in writ proceedings. An error of law which is apparent on the face of the record can be corrected by a writ, but not an error of fact, however grave it may appear to be. In

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regard to a finding of fact recorded by a tribunal, a writ can be issued if it is shown that in recording the said finding, the tribunal had erroneously refused to admit admissible and material evidence, or had erroneously admitted inadmissible evidence which has influenced the impugned finding. Again if a finding of fact is based on no evidence, that would be regarded as an error of law which can be corrected by a writ of certiorari. A finding of fact recorded by the Tribunal cannot be challenged on the ground that the relevant and material evidence adduced before the Tribunal is insufficient or inadequate to sustain a finding. The adequacy or sufficiency of evidence led on a point and the inference of fact to be drawn from the said finding are within the exclusive jurisdiction of the Tribunal. See Syed Yakoob V/s. K.S. Radhakrishnan.

24. The High Court in the present case assessed the entire evidence and came to its own conclusion. The High Court was not justified to do so. Apart from the aspect that the High Court does not correct a finding of fact on the ground that the evidence is not sufficient or adequate, the evidence in the present case which was considered by the Tribunal cannot be scanned by the High Court to justify the conclusion that there is no evidence which would justify the finding of the Tribunal that the respondent did not make the journey. The Tribunal gave reasons for its conclusions. It is not possible for the High Court to say that no reasonable person could have arrived at these conclusions. The High Court reviewed the evidence, reassessed the evidence and then rejected the evidence as no evidence. That is precisely what the High Court in exercising jurisdiction to issue a writ of certiorari should not do."

16. These principles have been succinctly summed-up by the living legend and centenarian Justice V. R. Krishna Iyer in State of Haryana and another V/s. Rattan Singh, (1977) 2 SCC 491. To quote the unparalled and inimitable expressions:

"4. .... in a domestic enquiry the strict and sophisticated rules of evidence under the Indian Evidence Act may not apply. All materials which are logically probative for a prudent mind are permissible. There is no allergy to hearsay evidence provided it has reasonable nexus and credibility. It is true that departmental authorities and Administrative Tribunals must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the Indian Evidence Act. For this proposition it is not necessary to cite decisions nor text books, although we have been taken through case-law and other authorities by counsel on both sides. The essence of a judicial approach is objectivity, exclusion of extraneous materials or considerations and observance of rules of natural justice. Of course, fairplay is the basis and if perversity or arbitrariness, bias or surrender of independence of judgment vitiate the conclusions reached, such finding, even though of a domestic tribunal, cannot be held good. ..."

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17. In all the subsequent decisions of this Court upto the latest in Chennai Water Supply and Sewarage Board V/s. T. T. Murali Babu, (2014) 4 SCC 108, these principles have been consistently followed adding practically nothing more or altering anything.

18. On Article I, the disciplinary authority, while imposing the punishment of compulsory retirement in the impugned order dated 28.02.2000, had arrived at the following findings:

"Article-I was held as proved by the Inquiry authority after evaluating the evidence adduced in the case. Under the circumstances of the case, the evidence relied on viz., letter dated 11.12.92 written by Shri P. Gunasekaran, provides a reasonable nexus to the charge framed against him and he did not controvert the contents of the said letter dated 11.12.92 during the time of inquiry. Nor did he produce any defence witness during the inquiry to support his claims including that on 23.11.92 he left the office on permission. There is nothing to indicate that he was handicapped in producing his defence witness. ..."

19. The disciplinary authority, on scanning the inquiry report and having accepted it, after discussing the available and admissible evidence on the charge, and the Central Administrative Tribunal having endorsed the view of the disciplinary authority, it was not at all open to the High Court to re- appreciate the evidence in exercise of its jurisdiction under Article 226/227 of the Constitution of India."

9. In view of the aforesaid, in the opinion of this Court, the

petitioner herein being the original complainant was permitted

to lodge complaint before the competent authority and the

same was considered by the competent authority in

accordance with law. The present petition is also silent as to

how the petitioner is affected by the order which is passed by

the Scrutiny Committee and the locus of the petitioner as to

how the caste certificate which was issued in favour of the

respondent No.4, affects the petitioner herein.








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9.1    At this stage, it is apposite to refer to the Paragraph 12 of

the order dated 04.07.2023 passed in Special Civil Application

No.4445 of 2020, which reads thus:

"12. In the case of Baldevbhai Maganbhai Patel vs. Mukeshbhai Aatmaram Patel order dated 10.2.2021 passed in the Letters Patent Appeal No.50 of 2021 in the Special Civil Application No.10522 of 2020, wherein the Hon'ble Division Bench held that the complainant would have no right to maintain appeal as the role of the complainant is confined for lodging of complaint before the competent authority beyond that the complainant would not have any role to challenge the order passed not accepting the complaint. Paragraphs No.3 to 6 read thus :-

"3. In our opinion, the present appellant, who is only the complainant, would not have right to maintain this appeal as his role was confined for lodging the complaint before the complainant authority in appropriate manner and to assist or provide evidence before the competent authority in support of his complaint. Beyond that, the complainant would not have any role to challenge an order passed not accepting the complaint.

4. The law on the point is well settled. According to us, reference may be had to the following judgments:-

(1) In the case of Maharaj Singh v. State of Uttar Pradesh & Ors., reported in (1977) 1 SCC 155.

(2) A decision rendered in Special Appeal No.177 of 2008, decided on 05.03.2008 of the Allahabad High Court. (3) In the case of Ravi Yashwant Bhoir v. District Collector, Raigad & Ors., reported in (2012) 4 SCC 407; and (4) In the case of Poonam v. State of Uttar Pradesh & Ors., reported in (2016) 2 SCC 779.

5. Accordingly, we DISMISS the appeal on the ground of the appellant having no locus to maintain the appeal. Consequently, the connected Civil Application also stands DISPOSED OF.

6. We make it clear that we have not examined the merits of the appeal and we have dismissed the same only on the ground of locus."

10. This Court has also considered the submissions and the

contentions advanced by the learned advocate appearing for

the petitioner with respect to the locus of the petitioner

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however, nothing is coming on record as to how the petitioner

has locus to challenge the caste certificate issued in favour of

the respondent No.4.

11. Considering the fact that the petitioner was relegated to

the Scrutiny Committee and the Scrutiny Committee has

considered the same in accordance with law, no interference is

required to be called for in the order passed by the Scrutiny

Committee. Further, while arriving at the aforesaid conclusion,

the Scrutiny Committee considered the documents as referred

in paragraph 2.2 of this order.

12. It is apposite to refer to the order dated 20.09.2022

passed by the Coordinate Bench of this Court:

"In response to the query raised by this Court as to how the petitioner has locus to challenge the caste certificate issued to respondent no.4, and thereby, challenging the order passed by respondent no.2 dated 21.01.2022, when the present petitioner is directly or indirectly not aggrieved by the impugned order or issuance of caste certificate to respondent no.4, learned advocate Mr.Krutarth K. Desai appearing for the petitioner states that the petitioner is ready and willing to deposit a sum of Rs.1 lakh towards the cost of this petition and in case if the petitioner fails, the said cost may be disbursed to the respondents or the Court may pass appropriate order for disbursement of the aforesaid amount of Rs.1 lakh that the petitioner may deposit towards the cost of this petition.