1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5153/2008 Ishwar Shrirang Gaware Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr.A.M.Joshi for the petitioner Mr.P.S.Cardozo,AGP for the State CORAM : V.C.Daga,& Mrs.Mridula Bhatkar,JJ. Date : 30h March,2009. P.C. . This petition is directed against the order dated 27/3/2008 passed by the Scrutiny Committee in case no.323 /2003 whereby a Tribe Certificate claimed by the petitioner came to be rejected. On being noticed the respondent nos.1 & 2 have filed affidavit in reply and brought to our notice that earlier the petitioner had applied for verification and certification of tribe claim which was rejected by an order dated 20/5/1997. The relevant part of the affidavit reads as under :- Petitioner also filed affidavit in Form ''E' ' dated 02/06/2004 in which it is specifically mentioned that '' No Scheduled Tribe Certificate any of my relatives from paternal side is ever held invalid by the Committee''. Petitioner also submitted information in Form ' 'E'' in column 17(a) in which it is asked that '' Whether any of the member of family claim was invalidated/validated by the Committee''. The applicant has replied to this 2 question as ' 'No''. From above discussion petitioner intentionally suppressed the fact from Committee and his employer also. Even in the instant petition, the petitioner suppressed the said fact from the Hon'ble Court also. Therefore petitioner has no right to approach before Hon' ble High Court. It is settled position in law that who wants justice,must come with clean hands before the Court,tribunal.The Hon'ble Supreme Court in celebrated case of S.P.Chengalvaraya Naidu V/s Jagannath AIR 1994 SCW 243 has held that - '' The courts of law are meant for imparting justice between the parties. One who comes to the court,must come with clean hands. It can be said without hesitation that a person whose case is based on falsehood has no right to approach the Court. He can be summarily thrown out at any stage of the litigation. A litigant,who approaches the court,is bound to produce all the documents executed by him which are relevant to the litigation. If he withholds a vital document in order to gain advantage on the other side then he would be guilty of paying fraud on the court as well as on the opposite party''. Learned A.G.P.has produced original record with original order dated 20/5/1997 whereby the tribe claim of the petitioner was invalidated. The petitioner suppressed this fact and again approached the Scrutiny Committee on second occasion to try his luck so as to obtain the tribe validity certificate. This fact has neither been disclosed by the petitioner either to the Scrutiny Committee or to this Court. The suppression of the fact is writ-large . Needless to mention that in view of the Apex Court Judgment in S.P.Chengalvaraya Naidu V/s Jagannath AIR 1994 SCW 243 the petitioner is not entitled to 3 discretionary equitable relief from this Court. The Hon'ble Apex Court in the abovesaid judgment has observed as under : '' The courts of law are meant for imparting justice between the parties. One who comes to the court,must come with clean hands. It can be said without hesitation that a person whose case is based on falsehood has no right to approach the Court. He can be summarily thrown out at any stage of the litigation. A litigant,who approaches the court,is bound to produce all the documents executed by him which are relevant to the litigation. If he withholds a vital document in order to gain advantage on the other side then he would be guilty of paying fraud on the court as well as on the opposite party''. The fraud played by the petitioner is apparent from the office record. Under these circumstances the petition is liable to be dismissed with heavy cost. The Petition is thus dismissed with cost quantified in sum of Rs.25,000/- to be deposited within one week from today, in this Court for being transferred to the account of Legal Services Authority. (Mrs.Mridula Bhatkar,J.) (V.C.Daga,J.) 4 5 (Mrs.Mridula Bhatkar,J.) (V.C.Daga,J.)