AYAZ AHMAD ABDUL RAZZAQUE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under article 226 of the Constitution of India, the petitioner takes exception to the order dated 25-4-2001 passed by the Caste Scrutiny Committee, invalidating his caste claim as belonging to Tadvi (ST). It is not necessary to burden this order with elaborate facts. Suffice it to say that one of the grounds on which the said order is assailed is that though the hearing took place before the Committee comprising of one Shri More, the order has been signed by one Smt. Shewale, who was appointed in place of Shri More, without the said Smt. Shewale having participated in the hearing on any of the dates. The said ground finds place in ground (ii) at Page 17 of the petition. On the said aspect, we had granted time to the learned AGP to take instructions in the matter. Learned AGP after taking instructions, has fairly stated that the said fact cannot be controverted on the basis of the record. To lend credence to this fact, learned AGP has placed on record a copy of the fax which he received from the Member Secretary and Dy. Director (R), Scheduled Tribe Certificate Scrutiny Committee, Nashik, dated 23-6-2010. The said copy of the fax dated 23-6-2010 is taken on record and marked 'X' for identification. In the said circumstance, it is not necessary for us to deal with the other grounds of challenge, as in our view, the order is vitiated on account of the fact that the same has been signed by a member (Smt. Shewale) who had not heard the matter and a member who had actually heard the matter (Shri More), had not signed the order.

(2.) We are therefore, required to allow the above petition by quashing and setting aside the order dated 25-4-2001 and remand the matter back to the Caste Scrutiny Committee, Nasik, for a de novo consideration. On such remand, the Caste Scrutiny Committee is directed to decide the caste claim of the petitioner within a period of two months from the production of this order before it by the petitioner or the intervenor. The Caste Scrutiny Committee shall decide the said caste claim of the petitioner after giving opportunity to the concerned parties.

(3.) However, we cannot lose sight of the fact that in number of matters, we have found that though the hearing has taken place before a particular set of members who constituted the Scrutiny Committee, the orders have been signed by member/members who have actually not heard the matters. This results in the process of caste validity being protracted, as the matters are required to be remanded back to the Caste Scrutiny Committee on the said ground. At times, we ' find that the said act is glaring, particularly in cases where people are holding political offices and same cannot be attributed to an innocent mistake. We are therefore, constrained to issue directions to the effect that in the event a member who has heard the matter is transferred to any other Committee in the State of Maharashtra, the order of the scrutiny committee should be sent to him for signature, so that there is no delay in the matter of deciding caste claim of the applicants and the same would also result in avoiding unnecessary litigation. Let copy of this order be sent to the Principal Secretary, Tribal Development Department, Government of Maharashtra, so that necessary instructions can be issued to all the Caste Scrutiny Committees in that behalf.