Quasi-judicial Caste Scrutiny Committee – No powers of review caste validity certificate – Tribe Certificates given in 1992 to 2005 and validated in 2005, 2011 and 2012 were reviewed and invalidated in 2022 – Illegal

Quasi-judicial Caste Scrutiny Committee – No powers of review caste validity certificate – Tribe Certificates given in 1992 to 2005 and validated in 2005, 2011 and 2012 sought to be reviewed in 2022 and invalidated – Illegal

The petitioners were granted tribe / caste certificates between the period of 1992 and they were validated by the earlier Committees between 2005 to 2012 as per the details given in chart in para 27 of the judgment.  

However, the validity certificates were suo motu reopened and invalidated by the Caste Scrutiny Committee in 2022 i.e. after 10/11/16 years, respectively and that too, in the case of verification of tribe certificate of children.

The petitioners had certainly changed their position and availed the benefits of employment / education during the last 15 years.  In case of the petitioner Ramdas Nagu Garud, he had already superannuated.

In para 44 of the judgment, it was observed that if the caste validity certificate is being questioned, it can only be on a prima facie satisfaction of the High Court in any acceptable and legitimate proceeding under Article 226 of the Constitution that such a plea needs to be accepted for reopening / re-examination of the issue by the Caste Scrutiny Committee and not otherwise.

There cannot be a free hand or a licence to the Caste Scrutiny Committee being a statutory authority 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 orders.

If the contentions of the State that the Committee has inherent powers of review, it would lead to devastating consequences as illustrated in para 45 of the judgment.

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