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Synopsis

The Bombay High Court recently observed that the Caste Scrutiny Committee does not have the jurisdiction to review its own order on an application or suo moto.

“This apart as noted above, in the decisions as rendered by this Court, it has been consistently held that there is no jurisdiction as conferred by the 2000 Act on the Caste Scrutiny Committee to review its own order either on an application or suo motu,” the order reads.

The division bench of the high court, comprising Justice GS Kulkarni and Justice Jitendra Jain, was hearing 10 petitions filed by government employees challenging the order passed by the scrutiny committee invalidating the certificates issued to them between 1992 and 2005.

The division bench stated that if a Caste Scrutiny Committee has granted validity to a caste certificate, and it is later being questioned, it can only be done on a prima facie satisfaction of the high court through acceptable and legitimate proceedings under Article 226 of the Constitution. Such a plea would need to be accepted for reopening or re-examining the issue by the Caste Scrutiny Committee.

The high court emphasized that there cannot be a free hand or license for the Caste Scrutiny Committee to reopen concluded cases.

“There cannot be a free hand or a licence to the Caste Scrutiny Committee to reopen concluded cases of validity being conferred by it by its earlier orders to be revisited or re-examined on a complaint or otherwise and review its order,” the order states.

The high court emphasized that the nature of adjudication undertaken by the Caste Scrutiny Committee is quasi-judicial, involving an inquiry after hearing the parties, considering vigilance reports, and reviewing documentary and oral evidence before arriving at a decision.

The bench added that even in cases of fraud, the high court alone has the authority to direct the reopening of a case.

“We may also observe that in a given case any issue of fraud which is raised whether is a genuine issue or not, so as to direct reopening of the said case would be the exclusive jurisdiction of the High Court under Article 226 of the Constitution and it cannot be an ipse dixit of of the committee either suo motu or on a complaint to exercise any review powers so as to reopen concluded cases unless otherwise directed by the high Court,” the order states.

The high court quashed the order passed by the scrutiny committee that invalidated the caste certificates issued to the petitioners.

Case title: Bharat Nagu Garud & Ors vs State of Maharashtra & Ors