OMPRAKASH Vs STATE OF MAHARASHTRA .
Bench: P. SATHASIVAM,J. CHELAMESWAR
Case number: C.A. No.-010740-010740 / 2011
Diary number: 30916 / 2009
Advocates: R. R. DESHPANDE Vs
SUDHANSHU S. CHOUDHARI
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10740 OF 2011 (Arising out of Special Leave Petition (Civil) No. 29584 of 2009)
Omprakash, s/o Chandranath Arya …….Appellant
Versus
State of Maharashtra & Ors. ……Respondents
J U D G M E N T
CHELAMESWAR, J.
Leave granted.
2. The State of Maharashtra made a law known as “Maharashtra
Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta
Jatis), Nomadic Tribes, Other Backward Classes and Special
Backward Category (Regulation of Issuance and Verification of Caste)
Certificate Act, 2000”. Under Section 3 of the said Act it is stipulated
that any person belonging to the scheduled caste or scheduled tribes
etc, is required to produce a ‘caste certificate’∗ in order to claim
benefit of reservation either for the purpose of public employment or
admission to educational institutions or for contesting elections in any
* Sec.2(a) “Caste Certificate” means the certificate issued by the Competent Authority to an applicant indicating therein the Scheduled Caste, Scheduled Tribe, De-Notified Tribe (Vimukta Jatis), Nomadic Tribe, Other Backward Classes, Special Backward Category, as the case may be, to which such applicant belongs;
local authority etc. and such a certificate is to be obtained by
applying to the “Competent Authority”.
“(3) Application for a Caste Certificate:- Any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-Notified tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, required to produce a Caste Certificate in order to claim the benefit of any reservation provided to such Castes, Tribes or Classes, either in any public employment or for admission into any educational institution, or any other benefit under any special provisions made under Clause (4) of Article 15 of the Constitution of India or for the purpose of contesting for elective post in any local authority or in the co-operative societies; or for purchase or transfer of land from a tribal land holder or any other purposes specified by the Government, shall apply in such form and in such manner as may be prescribed, to the Competent Authority for the issue of a Caste Certificate.”
3. Section 4 stipulates that the “Competent Authority” on being
satisfied by the genuineness of the claim of the applicant shall issue a
caste certificate.
4. Section 6 of the said Act contemplates the constitution of one or
more Scrutiny Committees by the State Government for the
verification of the correctness of any caste certificate issued by the
Competent Authority. Sub-section (2) thereof stipulates that any
person, who obtains a caste certificate from the “Competent Authority”
is required to make an application for issuance of the validity
certificate. Section 6 in so far as (1-IV) relevant for the present
purpose reads as follows.
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(6)Verification of Caste Certificate by Scrutiny Committee. (1) The Government shall constitute by notification in the Official Gazette, one or more Scrutiny Committee (s) for verification of Caste Certificates issued by the Competent Authorities under sub-section (1) of section 4 specifying in the said notification the functions and the area of jurisdiction of each of such Scrutiny Committee or Committees.
(2) After obtaining the Caste Certificate from the Competent Authorities, any person desirous of availing of the benefits or concessions provided to the Scheduled castes, Scheduled Tribes, De- Notified tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in section 3 may make an application, well in time in such form and in such manner as may be prescribed, to the concerned Scrutiny Committee, for the verification of such Caste Certificate and issue of a validity certificate.”
5. It appears from the exhibit P-8 that under the provisions of the
Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, the
candidate elected from a reserved constituency is required to present
the caste certificate before the Scrutiny Committee for verification.
6. The “caste certificate” of the appellant is in issue in the instant
appeal. The appellant claims that he belongs to a community known
as “Kathik” which admittedly is recognised as scheduled tribe in the
State of Maharashtra. He contested and was elected as a member of
Zilla Parishad from the Ambulga constituency reserved for the
scheduled tribes against the fifth respondent.
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7. The appellant submitted his caste certificate before the above
mentioned Committee for scrutiny.
8. By Order dated 4.6.2007, the Committee (fifth respondent),
accepted the claim of the appellant.
9. Aggrieved by the said decision, the fifth respondent had earlier
approached the Bombay High Court by way of a Writ Petition No.
7026 of 2007. By the Judgment dated 7th August, 2008, the said writ
petition was allowed and the matter remitted back to the fifth
respondent. The fifth respondent by a fresh Order dated 26th
November, 2008, recorded that the claim of the appellant could not be
sustained. Therefore, the appellant herein had earlier approached
the Bombay High Court by writ petition No. 7436 of 2008 which was
allowed by the Judgment dated 17th January, 2009 on the ground that
the fifth respondent did not comply with the requirement of the
Principles of Natural Justice and once again remitted the matter back
with the appropriate directions.
10. On such remand, the fifth respondent once again, after an
appropriate enquiry, passed an order dated 25.2.2009 invalidating the
caste certificate and recommended to the Regional Commissioner,
Aurangabad to set aside the election of the appellant herein to the
Zilla Parishad.
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11. Challenging the above-mentioned decision, the appellant herein
once again approached the Bombay High Court, by way of writ
petition No. 1633 of 2009, which stood dismissed. Hence, the special
leave petition.
12. A very vehement attempt is made by the learned counsel
appearing for the appellant inviting the attention of this Court to the
various documents in a bid to invite a conclusion on facts contrary to
the one reached by the Bombay High Court. They are:
(i) an unregistered Sale Deed said to have been executed by
the father of the appellant herein approximately in 1941
wherein the father of the appellant is described as person
belonging to ‘“Khatik” caste.
(ii) a certificate allegedly issued by the “Scrutiny Committee”
in favour of an alleged nephew of the appellant, who is
shown in the certificate to be a person belonging to the
“Khatik” community.
(iii) a register of the school where the appellant studied
where conflicting entries were made regarding the caste
status of the appellant. Initially the appellant was shown
as a person belonging to the “Khatik” community and
later as a person belonging to ‘“Kalal” community.
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13. The “Scrutiny Committee” declined to place any reliance on
such documents for arriving at a conclusion in favour of the
appellant. The High Court recorded very cogent reasons for refusing
to interfere with the conclusions raised by the “Scrutiny Committee”.
14. The High court held that the authenticity of the first of the
above-mentioned documents is not established. Coming to the second
of the above-document, it was held that there is no material on record
to establish the actual relationship between the appellant and the
alleged nephew of the appellant. In so far as the third of the above-
mentioned document is concerned, the High Court opined that though
there are conflicting entries in the record of the school service book of
the appellant, the appellant never took care to get the record corrected
and he accepted the entry that he belong to the “Kalal” community
without questioning the same.
15. All that the appellant is asking us in the instant appeal is to
make a third guess on facts. The evidence produced by the appellant
was examined by the “Scrutiny Committee” and the examination was
quite elaborate. The legality of the conclusions reached by the
“Scrutiny Committee” was examined by the Division Bench of the
Bombay High Court and by the judgment under appeal it was held
that the said conclusions did not warrant any interference.
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16. No legal principle, which warrants interference with the
conclusion reached by the High Court, is brought to our notice. The
appeal is, therefore, dismissed.
…………………………..J ( P. SATHASIVAM)
…………………………..J. (J. CHELAMESWAR)
NEW DELHI; DATED : DECEMBER 09, 2011.
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