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2020 DIGILAW 795 (BOM)

Sargam Raghunandan Parate v. Scheduled Tribe Caste Certificate Scrutiny Committee

2020-07-09

S.M.MODAK, SUNIL B.SHUKRE

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JUDGMENT Sunil B. Shukre, J. - Rule. Rule made returnable forthwith. Heard finally by consent. 2. The petitioner is a student, who has obtained a Scheduled Tribe Certificate regarding her Halba tribe status under Section 4 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 (hereinafter referred to as 'the Act, 2000' for short). The petitioner has secured her admission to B.D.S. Course in open category. The petitioner submitted an on-line application on 11/02/2020 to the respondent-Committee for seeking verification of her Scheduled Tribe Certificate. While the online application was accepted, according to the petitioner, the physical application was refused to be entertained by the respondent-Committee. No written communication of refusal has been issued to the petitioner by the respondent. But, according to the petitioner, it is the fact that the respondent has closed the chapter of scrutiny of her caste/tribe certificate, as of now. 3. The respondent has filed reply in the matter and the respondent does not dispute the fact that it has refused to entertain the application of the petitioner seeking verification of her tribe claim. The respondent has taken us to the provisions made under Sections 3 & 6 of the Act, 2000. The respondent submits that since the petitioner is not claiming any benefit of reservation while under going education in B.D.S. Course in open category, the respondent-Committee would have no jurisdiction under Sections 3 & 6 of the Act, 2000 to entertain and decide the application. The learned Assistant Government Pleader submits that the petitioner has not clarified in the petition also as to, whether or not in future she is going to avail of the benefit of her tribe status in any public employment or for some other purpose. 4. The controversy involved in the present case, in fact, boils down to only the facts of the case, which are required to be read in the light of the provisions contained in Sections 3 & 6 of the Act, 2000. We would first consider the import and purport of the provisions made in these sections and, therefore, these sections are reproduced as under : "3. We would first consider the import and purport of the provisions made in these sections and, therefore, these sections are reproduced as under : "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. 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 Authority, 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. (3) The appointing authority of the Central or State Government, local authority, public sector undertakings, educational institutions, Co-operative Societies or any other Government aided institutions shall, make an application in such form and in such manner as may be prescribed by the Scrutiny Committees for the verification of the Caste Certificate and issue of a validity certificate, in case a person selected for an appointment with the Government, local authority, public sector undertakings, educational institutions, Co-operative societies or any other Government aided institutions who has not obtain such certificate. (4) The Scrutiny Committee shall follow such procedure for verification of the Caste Certificate and adhere to the time limit for verification and grant of validity certificate, as prescribed." 5. A bare reading of these sections would disclose that the Scrutiny Committee's duty to scrutinize the caste or tribe certificates would come alive once the application is made under Section 3 read with Section 6 of the Act, 2000 for scrutiny of the certificate. It also becomes clear from these sections that, all that is required to be stated in the application is the fact that the applicant is desirous of claiming benefit of any reservation provided to the caste/tribe either in any public employment or is seeking admission into any educational institution or any other benefit under Clause (4) of Article 15 of the Constitution of India or desires to have the certificate for the purpose of contesting any elective post in any local authority or in the co-operative societies, or for the purpose of purchase or transfer of land from a tribal land holder or any other purposes specified by the Government. The language used in both these sections indicates that the benefit or the purpose, which an applicant is desirous of claiming or achieving, need not have been actually claimed or achieved and it could be a benefit or the purpose the applicant intends to claim or achieve in future. These sections also show that apart from claiming of any benefit of reservation, the caste/tribe certificate could be got verified by the applicant from the Scrutiny Committee for all those purposes specifically mentioned in Section 3 or the purposes specified by the Government. These sections also show that apart from claiming of any benefit of reservation, the caste/tribe certificate could be got verified by the applicant from the Scrutiny Committee for all those purposes specifically mentioned in Section 3 or the purposes specified by the Government. These purposes, as could be discerned from the language used in these sections, need not necessarily be of the present time and they could be of the time gone by or the time to come in future. 6. Based on these provisions of law and relevant Rules, specific Form has been prescribed in the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003. It is Form "E". Form "E" begins with the following plea : "I, the undersigned ................ want to verify a Scheduled Tribe Certificate (Claim) for ............. purpose. I am submitting following information and documents in support of my Scheduled Tribe Claim. The original certificate may pleased be returned to me after its scrutiny and verification." 7. The initial part of Form "E" shows that all that is required to be stated in the application is the purpose for which verification of caste/tribe certificate is sought by the applicant. It does not say anywhere that this purpose should have been presently claimed. It shows that the purpose of certificate could be to support the past act or the present act or the act contemplated actually or just toyed with as an idea of future. This Form thus, would only support the conclusion drawn by us in the earlier paragraph. It is to the effect that it is not the requirement of Sections 3 & 6 of the Act, 2000 that the benefit of reservation must have been claimed on the date of submission of the application in Form "E" or that it's purpose must be in existence on the date of submission of application in Form "E" and that the claim of such benefit or the purpose could be of the past time or intended to be made or achieved in future as well. 8. Having understood the requirements of law in this way, let us now turn to the application submitted by the petitioner in Form "E". It's copy is available from page 11 and onwards. In this application, the petitioner has clearly stated the purpose for which the scrutiny of her tribe certificate is sought by her. 8. Having understood the requirements of law in this way, let us now turn to the application submitted by the petitioner in Form "E". It's copy is available from page 11 and onwards. In this application, the petitioner has clearly stated the purpose for which the scrutiny of her tribe certificate is sought by her. This purpose is of "education". There is no dispute about this fact. Once, the purpose is disclosed in the application, we do not think that it is within the permissible limits of law for the Scrutiny Committee like respondent to have refused to entertain the application made by the petitioner for verification of her tribe claim. The view taken by the respondent-Committee is against the express provisions of law and it is completely erroneous. The respondent-Committee would be obliged under law, in the facts and circumstances of the present case, to entertain the application filed by the petitioner, of course on it's own merits. This petition, therefore, deserves to be allowed. 9. The petition is allowed in terms of prayer Clause (1) and the respondent is directed to decide the tribe claim of the petitioner on its own merits in accordance with law within a reasonable period of time. Rule is made absolute accordingly. No costs. 10. This order be communicated to the learned Counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.