Bombay High Court
Mahesh Bhalchandra Thakur vs Scheduled Tribe Certificate Scrutiny ... on 5 August, 1998
Equivalent citations: 1999(2)BOMCR197
Author: R.J. Kochar
Bench: R.J. Kochar
ORDER A.D. Mane, J.
1. Rule. On request of learned Counsel for the respective parties, Rule is made returnable forthwith.
2. There is clear infirmity in the decision of the Caste Scrutiny Committee, which is impugned in this writ petition. The committee, constituted as Caste Scrutiny Committee consists of three members and it is incumbent that hearing to the candidate should be given by the committee comprising of three members. In this case, however, only one member was present at the time when the petitioner was heard and interviewed, in support of his social status claim. The decision rejecting claim of the petitioner was, however, merely signed by three members committee, though they had not heard the matter as a committee sitting together and applied their mind collectively which is eventually implied when persons more than one forms a committee. It is thus clear that there is material defect which goes to the root of the question in considering the social status claim of the petitioner. The decision therefore, suffers from legal infirmity.
3. It should not be forgotten that individual's social status claim is a constitutional guarantee and inquiry into that claim should be strictly held in accordance with the procedure laid down by the law in all seriousness and solemnity. A very valuable and fundamental right of public employment conferred under Article 16 of the Constitution of India on the citizens belonging to Schedule Caste/Tribe categories wholly depends on such social status claims which are entrusted to the Scrutiny Committee for verification. It is needless to say that any mistake or negligence in examining the social status claims would deprive such a person of this fundamental right and would certainly deny him employment or he would lose the job if already in employment. A wrong decision of the Committee might even permit a wrong claim of a wrong person depriving a genuine person of his legitimate claim. This must never happen. These claims should not be decided casually or lightly. The Committee should not forget even for a moment that on their decision depends a fundamental right of a citizen, particularly from a class of have - nots.
4. . For the aforesaid reasons the impugned judgment and order deserves to be quashed and set aside.
5. In the result, the writ petition is allowed. Impugned decision is quashed and set aside. The matter is remanded to the Caste Scrutiny Committee, Nasik to consider and decide the social status claim of the petitioner as early as possible, preferably within six months from the receipt of the writ. The petitioner is directed to remain present in the office of the Caste Scrutiny Committee at Nasik on 7-9-1998 for further date.
6. Rule is accordingly made absolute. No order as to costs.
7. Petition allowed.