SANTOSH ANIL KOLHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In these petitions the Petitioners have challenged orders dtd. 15/5/2025 passed by the Respondent - Scrutiny Committee, whereby, earlier orders granting validity certificates to the tribe claims of the petitioners have been cancelled and their claims have been invalidated. The Scrutiny Committee has exercised power, in effect, to recall its own earlier orders on the ground that such orders were obtained by the petitioners on the basis of suppressions and misrepresentations.

(2.) The learned counsel for the Petitioners in these petitions have relied upon judgment of this Court in the case of Rakesh Bhimashankar Umbarje Vs. State of Maharashtra and Ors.; 2023 63 OnLine Bom 1013 to contend that the Scrutiny Committee does not have the power to recall or review its own orders, even if issues of fraud or misrepresentation arise. It is contended that since the Scrutiny Committee is a creature of a statute i.e. the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (herein after referred to as the Act of 2000), which does not provide for power of review, the impugned orders are unsustainable.

(3.) It is specifically submitted on behalf of the petitioners that this Court on earlier occasions, by relying upon the said judgment, has stayed such orders and even suo moto notices for recalling of earlier orders have been stayed by this Court on the basis of the said position of law.