‘Scrutiny panel has no power to reopen past decisions on caste certificates’

MUMBAI: The Bombay High Court has held the state Caste Scrutiny Committee does not 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 G S Kulkarni and Jitendra Jain in an order passed on November 1 and made available on Friday, said 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 concluded cases.

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 to 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 bench said if the Committee had such inherent powers to review its own orders it would lead to “devastating consequences” as then the committee could form a subjective opinion and it would be without any restriction as to limitation (time).

The bench quashed the orders passed by the committee last year invalidating the caste certificates granted to the 10 petitioners.