KUM. MADHURI PATIL AND ANR.versusADDL. COMMISSIONER, TRIBAL DEVELOPMENT, THANE AND ORS.
- Citation
- 1997 INSC 444
- Decided
- 28 April 1997
- Disposal
- Disposed off
Holding
The court declined to recall the earlier order and upheld the delegation of certificate‑issuing power to the Sub‑Divisional Officer, while modifying the composition and functioning of the caste‑scrutiny committees as directed.
Summary
The petition sought to recall the Bombay High Court's order dated 2 September 1994 that delegated the power to issue social‑status (caste) certificates to the Sub‑Divisional Officer and to replace the directions concerning the composition of caste‑scrutiny committees. The court examined whether the earlier order should be set aside and whether the structure of the Scheduled Tribe Caste Scrutiny Committees required alteration. It held that the delegation to the Sub‑Divisional Officer was appropriate and therefore rejected the prayer to recall that order. The court modified the earlier directions, ordering three Scheduled Tribe Caste Scrutiny Committees of five members each (quorum of three) at Pune, Nasik and Nagpur, and confirmed the continuation of existing six caste‑scrutiny committees in other cities. It also specified the composition of the Caste Scrutiny Committee for the Social Welfare, Cultural Affairs and Sports Department and directed the inclusion of a Research Officer with the Vigilance Cell. The application was disposed of without costs.
Issues considered
- Whether the order dated 2 September 1994 delegating authority to the Sub‑Divisional Officer to issue social‑status certificates should be recalled.
- Whether the composition and quorum of the Scheduled Tribe Caste Scrutiny Committees should be altered.
- Whether the Caste Scrutiny Committee for the Social Welfare, Cultural Affairs and Sports Department should have a specific composition.
- Whether a Research Officer should be associated with the Vigilance Cell for determining eligibility of social‑status certificates.
Subjects
Judgment
A KUM. MADHURI PATIL AND ANR.
v.
ADDL. COMMISSIONER, TRIBAL DEVELOPMENT,
THANE AND ORS. -
APRIL 28, 1997
B
[K. RAMASWAMY AND D.P. WADHWA, JJ.]
Social Status Certificat~Direction No. (4) in this Court's judgment
dated 2.9.1994 • modified-17zere will be three Scheduled Tribe Caste Scrutiny
c Committees, comprising of five members with coram of three members to
take a decision, at Pune, Nasik and Nagpur-Six caste scrutiny Committees
for SCs, Denotified Tribes, Nomadic Tribes, Other Backward Classes and
Special Backward Category in existence at Mumbai, Pune, Nasik, Auran-
gabad, Amravati and Nagpur would continue-Further directions also given.
D ··Km. Madhuri Patil & Anr. v. Addi. Commissioner, Tribal Develop-
ment Thane & Ors., [1994] Suppl. 3 SCR 50, referred to.
CIVIL APPELLATE JURISDICTION: I.A. No. 3 of 1996.
IN
E
Civil Appeal No. 5854 of 1994.
From the Judgment and Order dated 17.8.93 of the Bombay High
Court in W.P. No. 1849 of 1993.
F S.K. Dholakia, (S.M. Jadhav) for A.S. Bhasme for the Appellants.
Ashok Kumar Gupta for the Respondents. ,.
The following Order of the Court was delivered :
This application has been filed to recall the judgment giving various
G directions; and to substitute in their place the directions sought for in the
prayer clause of the application.
As regards the first prayer to recall the Order dated September 2,
1994 with regard to the grant of the caste certificates, we do not think that
H it is advisable to recall the order for the reason that this Court had
1056
MADHURI PAT!Lv. ADDL COMMR, TRIBAL DEVELOPMENT, THANE1057
deliberated upon the issue and entrusted the power to issue certificates of A
social status- to a higher officer, namely, Sub-Divisional Officer, who is
expected to objectively go into the question and grant or refuse to grant
social status certificates. Accordingly, we reject prayer (a).
As regards prayer (b) read with direction No. (iv) of the Order of
this Court, we too appreciate the inconvenience caused due to vast area of B
the State. Therefore, instead of one committee of three officers, there will
be three Scheduled Tribe Caste Scrutiny Committees comprising of five
members with quorum of three members, as suggested in paragraph 4 of
the direction, to take a decision. At Pune, Nasik and Nagpur, Six Caste
Scrutiny Committees for SCs., Denotified Tribes, Nomadic Tribes, Other C
Backward Classes and the Special Backward Category in existence at
Mumbai, Pune Nasik, Aurangabad, Amravati and Nagpur would continue
to scrutinise the certificates issued by the respective officers and take
decision in that behalf. In this regard, it is also suggested by Shri Dholakia,
learned senior counsel for the applicant that in case any certificate has
been wrongfully refused by the certificate issuing authority, the aforestated D
Committees also would go into the question and decide in that behalf,
whether refusal was wrongful and in case it finds that the refusal was
wrongful, they are at liberty to direct the authority to grant the certificate.
With regard to prayer (c) also, we feel that the Caste Scrutiny E
Committees for Social Welfare, Cultural Affairs and Sports Department
should comprise of Additional Commissioner (Revenue) - Chairman of the
concerned Revenue Division; Divisional Social Welfare Officer-Member;
and Research Officer as a Welfare Officer-Member-Secretary to function
in that behalf.
F
With regard to prayer (d), along with the Vigilance Cell, one Re-
search Officer(fribunal Development or Social Welfare Officer would be
associated in finding the social status of eligibility of the officers.
The Application is accordingly ordered. No costs.
G
R.P. Petitiun disposed of.
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