SURYAKANT KISAN PUJARI Vs. TAHASILDAR AND EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) This petition filed under Articles 226 and 227 of the Constitution impugns the order passed by the Committee for Scrutiny and Verification of Tribe Claims, Pune (for short 'the Scrutiny Committee") dated 6/9/2002 thereby invalidating the Tribe's claim of the. petitioner's daughter Priya and cancelling the caste certificate dated 6/5/1991 issued in her favor by the Executive Magistrate, Phaltan. In the academic year 200203 Priya passed her Higher Secondary School examination and was seeking admission in medical / engineering colleges against a seat reserved for Scheduled Tribes. She, therefore, approached the Scrutiny Committee for verification of her Tribe's claim through the Principal of Yeshwantrao Chavan Junior College at Phaltan where she was a student in the academic year 200102. In support of her claim she submitted the following documents :

(2.) Vigilance enquiry was also ordered and the Enquiry Officer had submitted his report dated 24/4/2002 along with a copy of the school extract of general registered at Serial Nos.l to 7 of the near relations of the candidate whose caste was recorded as "Koli" and some of these entries were made in the year 1950 and thereafter. This enquiry report was supplied to the petitioner/candidate along with a show cause notice dated 14/5/2002. The candidate was asked to appear before the Scrutiny Committee for personal hearing on 4/ 6/2002, 6/6/2002, 22/8/2002 and she appeared for personal hearing on 6/9/2002 along with her parents. She had submitted her reply to the Vigilance enquiry report on 14/5/2002 and reiterated that she belongs to "Mahadeo Koli" Scheduled Tribe.

(3.) We have perused the record placed before us by the learned AGP. In the impugned order the Scrutiny Committee has not set out any reasons as to why the documents at Sr.Nos.4 to 8 were discarded or disbelieved by the Committee. These documents were pertaining to the present petitioner's, i.e. the father of the candidate, school record. Surprisingly, by filing affidavitinreply of Shri. T. R. Dhondage, the Research Officer of the Scrutiny Committee, the order impugned has been sought to be supported on the basis of the school record of the present petitioner's brothers, sisters as well as his father based on the extract of the Primary School Admission Register maintained by the Head Master of Phaltan Nagar Parishad, School No.3 at Phaltan. It has been contended that in the school record of the present petitioner's father, brother and two sisters the caste recorded was 'HinduKoli' whereas in case of the petitioner, his sister Durga and Mangal the caste recorded was Hidnu Mahadev Koli, "Mahadev Koli" or "Hindu Pujari Mahadev Koli". Such a course to justify the impugned order by filing an affidavit is not permissible, to say the least. The Scrutiny Committee is a quasi judicial body and its order must be supported by the reasons set out therein and the Research Officer of such a Committee must refrain from filing affidavitsinreply so as to justify the order passed by the Committee either accepting or rejecting the caste/tribe's claim. We hope the Committee do not file any affidavit supporting the orders passed by them and impugned in a Writ Petition, in future.