“Caste Scrutiny Panel Has No Power To Reopen Its Past Decisions Of Granting Caste Certificates”: Bombay HC

The Bombay High Court on Friday has held the state Caste Scrutiny Committee that doesn’t have any power to suo motu verify past records, reopen its own past decisions and invalidate the caste validity certificates already granted.

A division bench of Justices GS Kulkarni and Jitendra Jain in an order passed on November 1 and made available on Friday, stated that the Caste Scrutiny Committee is not conferred with any jurisdiction under the law to review its own decisions.

It added that such an inherent power would lead to a “monumental uncertainty and absurdity” in the functioning of the committee as it can be at the “ipse dixit of the Caste Scrutiny Committee” to reopen the concluded cases.

The court stated, “This would lead to patent arbitrariness.”

The bench allowed 10 petitions filed by government employees assailing the suo motu orders passed by the Caste Scrutiny Committee last year invalidating the caste certificates issued to them between the period 1992 – 2005.

The petitioners belong to the Scheduled Tribes – Koli Mahadeo, Thakur and Thakar groups.

The high court in its order noted that a caste certificate granted to someone can be questioned only on a prima facie satisfaction of the high court.

The HC stated, “There can’t be a free hand or license to the Caste Scrutiny Committee 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.”