1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Writ Petition No.7922 of 2003 Suryakant Kisan Pujari .. Petitioner Vs. 1. The Tahasildar & Executive Magistrate, Phaltan, Tal. Phaltan, Dist.Satara. 2. The Committee for Scrutiny & Verification of Caste Claims, Maharashtra State, Pune. 3. The State of Maharashtra .. Respondents Mrs.M.M.Deshmukh with Mr.Milind Deshmukh for petitioner. Mr.S.D.Rayarikar, AGP for respondents. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. December 10, 2009. ORAL JUDGMENT (PER B.H.MARLAPALLE,J.) 1. This petition filed under Articles 226 and 227 of the Constitution impugns the order passed by the Committee for Scrutiny and Verification of Tribe Claims, Pune (for short “the Scrutiny Committee) dated 6/9/2002 thereby invalidating the Tribe’s claim of the petitioner’s daughter Priya and cancelling 2 the caste certificate dated 6/5/1991 issued in her favor by the Executive Magistrate, Phaltan. In the academic year 2002-03 Priya passed her Higher Secondary School examination and was seeking admission in medical / engineering colleges against a seat reserved for Scheduled Tribes. She, therefore, approached the Scrutiny Committee for verification of her Tribe’s claim through the Principal of Yeshwantrao Chavan Junior College at Phaltan where she was a student in the academic year 2001-02. In support of her claim she submitted the following documents: (1) A school leaving certificate of herself issued by the Head Master, Shriram Balak Mandir, Phaltan, wherein the caste is recorded as Mahadeo Koli. This document pertains to the period 1991. (2) A copy of the caste certificate issued by the Executive Magistrate, Phaltan vide No.MAG/SR-5891, dated 6/5/1991 wherein the caste is mentioned as Hindu Mahadeo Koli, Scheduled Tribe. (3A) A copy of the school leaving certificate issued by the Head Mistress, Shriram Balak Mandir, Phaltan to Ku. Pradnya Suryakant Pujari. (B) A copy of an extract of school leaving certificate 3 issued by the Head Mistress of Venutai Chavan Girls High School on 10/7/2001 wherein the caste is recorded as Mahadeo Koli. This document pertains to the period 2001. (4) A school leaving certificate of the candidate’s father i.e. Shri Suryakant Kisan Pujari issued by the Head Master, Mudhoji High School, Phaltan on 5/2/1979 wherein caste is recorded as Mahadeo Koli. This document pertains to the period 1979. (5) A copy of the caste certificate of the candidate’s father issued by the Executive Magistrate, Phaltan vide No. MAG/SR-54/91, dated 6/5/1991 wherein the caste is recorded as Hindu Mahadeo Koli. (6) A copy of the school leaving certificate of the candidate’s father issued by the Head Master, NPSM Phaltan No.3 wherein the caste is recorded as Mahadeo Koli. This document pertains to the period 28/10/1994. (7) A copy of an extract of school leaving certificate issued by the Head Master, Mudhoji High School, Phaltan pertaining to the candidate’s father wherein the caste is recorded as Hindu Mahadeo Koli. (8) A copy of the Caste Certificate of the candidate’s father issued by the Tahsildar, Phaltan 4 vide No. MAC/WS/Phaltan, dated 17/11/77 caste recorded is Mahadeo Koli. 2. Vigilance enquiry was also ordered and the Enquiry Officer had submitted his report dated 24/4/2002 along with a copy of the school extract of general registered at Serial Nos.1 to 7 of the near relations of the candidate whose caste was recorded as “Koli” and some of these entries were made in the year 1950 and thereafter. This enquiry report was supplied to the petitioner/candidate along with a show cause notice dated 14/5/2002. The candidate was asked to appear before the Scrutiny Committee for personal hearing on 4/6/2002, 6/6/2002, 22/8/2002 and she appeared for personal hearing on 6/9/2002 along with her parents. She had submitted her reply to the Vigilance enquiry report on 14/5/2002 and reiterated that she belongs to “Mahadeo Koli” Scheduled Tribe. 3. We have perused the record placed before us by the learned AGP. In the impugned order the Scrutiny Committee has not set out any reasons as to why the documents at Sr.Nos. 4 to 8 were discarded or disbelieved by the Committee. These documents were pertaining to the present petitioner’s, i.e. the father of the candidate, school record. Surprisingly, by filing 5 affidavit-in-reply of Shri T.R.Dhondage, the Research Officer of the Scrutiny Committee, the order impugned has been sought to be supported on the basis of the school record of the present petitioner’s brothers, sisters as well as his father based on the extract of the Primary School Admission Register maintained by the Head Master of Phaltan Nagar Parishad, School No.3 at Phaltan. It has been contended that in the school record of the present petitioner’s father, brother and two sisters the caste recorded was “Hindu-Koli” whereas in case of the petitioner, his sister Durga and Mangal the caste recorded was “Hidnu Mahadev Koli”, “Mahadev Koli” or “Hindu Pujari Mahadev Koli”. Such a course to justify the impugned order by filing an affidavit is not permissible, to say the least. The Scrutiny Committee is a quasi judicial body and its order must be supported by the reasons set out therein and the Research Officer of such a Committee must refrain from filing affidavits- in-reply so as to justify the order passed by the Committee either accepting or rejecting the caste/tribe’s claim. We hope the Committee do not file any affidavit supporting the orders passed by them and impugned in a Writ Petition, in future. 4. It is clear from the record that the certificates issued by 6 the Head Master of Phaltan Nagarparishad School No.3 were not before the Scrutiny Committee and it was only an extract of the admission register. Section 8 of the 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 (for short the “Caste Certificate Act”) states that in any enquiry to be conducted by the Scrutiny Committee under the said Act, the burden of proving that the person belonged to such Caste or Tribe or Class shall be on such claimant/applicant. As per Section 9 the Scrutiny Committee has all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 and in particular in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof 7 from any Court or office; and (e) issuing Commissions for the examination of witnesses or documents. 5. Thus it is for the candidate to prove the documents relied upon at Sr.Nos.4 to 8 hereinabove and pertaining to her father and to disprove the entries made in the extract of Primary School Admission Register issued by the Head Master, Phaltan Nagarparishad School No.3 by leading evidence before the Scrutiny Committee. The Scrutiny Committee has the powers to issue summons of witnesses and call upon the said Head Master to appear before it with the Admission Registers as well as the Register of School Leaving Certificates in respect of Krushna Bapu Pujari, Chandrakant Kisan Pujari, Malan Baban Pujari, Leelavati Baban Pujari, Suryakant Kisan Pujari, Durga Kisana Pujari and Mangal Malhari Pujari. The claim of belonging to a Scheduled Caste / Scheduled Tribe or Other Backward Citizens, has wider consequences and is of vital importance for future claims, which either leads to or deprives from the benefit of reservation and, therefore, sufficient opportunity must be provided to the claimants to discharge his / her burden as envisaged under Section 8 of the Caste Certificate Act. It is 8 apparent that the impugned order passed by the Scrutiny Committee suffers from application of mind and has been passed without setting out detail reasons and thus in a casual manner. Interest of justice would be better served if the petitioner / candidate is given a fresh opportunity to discharge her burden under Section 8 of the Caste Certificate Act in respect of the school admission entries as well as the school leaving certificates of the abovenamed seven near relations / blood relations / elder members of the family. During the intervening period, Priya has passed her B.E. Examination in July, 2009. 6. Hence this petition succeeds. The impugned order dated 6/9/2002 is hereby quashed and set aside and the Tribe’s verification claim of Kum. Priya Suryakant Pujari, the daughter of Suryakant Kisan Pujari is hereby remanded to the Caste Scrutiny Committee for fresh adjudication from the stage of allowing her to lead evidence in respect of the above stated school documents of her near blood relations. The candidate to appear before the Scrutiny Committee on 28th December 2009 at 11 a.m. The Committee shall issue 9 witness summons to the Head Masters of Phaltan Nagarparishad School No.3 as well as Mudhoji High School, Phaltan along with the concerned school record on a given date which shall not be beyond a period of three weeks from the date of first appearance of the candidate before the Committee. On recording evidence about the said documents, the Committee to hear the candidate and pass a fresh order as per law as expeditiously as possible and preferably before 31st March 2010. As noted by this Court in its order dated 20th November 2003 the candidate shall not claim any further benefits as “Mahadeo Koli” until she finally succeeds in her claim that she belongs to “Mahadeo Koli” scheduled tribe. 7. Rule is made absolute in terms of the above but with no order as to costs. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)