Quashed

Altaf Salim Shikalgar v. Raju Laxman Gavali and Ors.

Bombay HC10 Sept 2014WP/10359/2013

Case brief

AI extract

What is this about?

This writ petition challenged a caste validity certificate issued without a proper inquiry or hearing. The Court quashed the order and certificate, remanding the matter to the Scrutiny Committee to conduct a fresh inquiry in accordance with law within six months.

What did the court decide?

Impugned order quashed; caste validity certificate quashed; matter remanded for fresh inquiry within six months.

Altaf Salim Shikalgar Vs Raju Laxman Gavali… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10359 OF 2013

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Altaf Salim Shikalgar.

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...Petitioner.

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V/s.

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1.Raju Laxman Gavali & Ors. ...Respondents.

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Mr.Pradeep D.Dalvi, for the Petitioner.

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Ms.S.S.Bhende, AGP for Respondent nos.2 to 4.

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Mr.Drupad Sopan Patil, for Respondent no.1.

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--- CORAM: A.S. OKA & G.S.KULKARNI, JJ. DATED : 10^th SEPTEMBER, 2014. ---

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P.C. :

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Heard the learned Counsel appearing for the petitioner and learned Counsel appearing for the first respondent. We have heard learned AGP appearing for the second to fourth respondents. On 2^nd September,2014, a notice for final disposal was issued by this Court.

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By this petition under Article 226 of the Constitution of India, the challenge is to the caste validity certificate issued to the first respondent by the second respondent – Caste Scrutiny Committee. A challenge is also to

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the order dated 15^th June,2013 passed by the Caste Certificate Scrutiny Committee.

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Learned Counsel appearing for the petitioner invited our attention to 'Exhibit B' to the petition. We have perused 'Exhibit B' to the petition which is a copy of the roznama of the proceedings maintained by the second respondent as well as the order passed by the second respondentScrutiny Committee. In the Roznama, the Scrutiny Committee has recorded that the Committee examined all the documents submitted by the first respondent and the Committee was satisfied about the genuineness of the claim of the first respondent. In the order passed by the Scrutiny Committee, it is recorded that the Scrutiny committee decided to issue the validity certificate forthwith without any inquiry of vigilance cell or without calling the applicant for any hearing.

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Though the Scrutiny Committee has recorded that it is satisfied with the genuineness of the claim, there is nothing on record to show as to on what basis the Scrutiny Committee came to the conclusion that the documents produced by the first respondent were genuine documents. The Scrutiny Committee has recorded that no inquiry was held before issuing the caste validity certificate. The Scrutiny Committee has further recorded that there was no vigilance cell inquiry and even the first respondent was not called for personal hearing.

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Thus, on plain reading of the Roznama of the impugned order, we find that the Caste Scrutiny Committee had not held any inquiry as contemplated by the Maharashtra Scheduled Castes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Class and Special

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Backward Category (Regulation of issuance and Verification of) Caste Certificate Act,2000 and the Rules framed thereunder in the year 2012.

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Though the contention of the learned Counsel for the first respondent is that the caste claim of the first respondent is genuine, faced with the aforesaid difficulties, he submits that in the event this Court in inclined to set aside the impugned order of the Caste Scrutiny Committee, the said Scrutiny Committee may be directed to hold an inquiry in accordance with law.

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Considering what we have held earlier, the impugned order and the impugned caste validity certificate deserve to be quashed and set aside with a direction to the first respondent to make a fresh adjudication of the caste claim in accordance with law. We dispose of the petition by passing the following order:-

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ORDER

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(I) The impugned order dated 15^th June,2013 passed by the second respondent as well as the Caste Validity Certificate issued to the first respondent are hereby quashed and set aside and the matter of the caste claim of the first respondent is remanded to the second respondent – Scrutiny Committee;

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(II) We direct the parties to appear before the second respondent on Monday - 29^th September,2014 at 11 a.m. for fixing schedule of hearing;

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(III) The second respondent-Caste Scrutiny Committee shall hold an

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inquiry in accordance with law and pass appropriate order as expeditiously as possible preferably within a period of six months from 29^th September,2014;

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(IV) All the contentions on the merits of the caste claim of the first respondent are kept open;

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(V) Writ petition is disposed of.

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(VI) The second respondent and the parties to act on the authenticated copy of the aforesaid order.

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Altaf Salim Shikalgar v. Raju Laxman Gavali and Ors.

Case brief

What is this about?

What did the court decide?

Altaf Salim Shikalgar v. Raju Laxman Gavali and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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