Validated caste certificate conclusive proof of social status of patriarchal relative: Bombay High Court

In a significant ruling, the Bombay High Court held that a validated caste certificate of one person would stand as conclusive proof of the social status of their patriarchal relative [Bharat Bhagwant Tayade vs The State of Maharashtra & Ors.]

The Bench of Justices SB Shukre and GA Sanap reasoned that most families in India follow the patriarchal family pattern and thus all members are to be considered in law as belonging to same caste or tribe.

The Court also stated that a document stood as conclusive proof for one person would also stand as conclusive proof of social status of another person, if such other person is a paternal relative of first person possessing the validity certificate except in a case where the validation of caste or tribe certificate is vitiated by fraud, misrepresentation of facts or suppression of facts.

Importantly, the Bench also cautioned the Caste Scrutiny Committees across Maharashtra not to disobey the orders of courts and said it would take a serious action in future if any such committee is found to be breaching High Court orders.

"We sound a caution to not only to the Scrutiny Committee at Thane but also to all other Scrutiny Committees against venturing to disobey orders of superior Courts and scrupulously follow the directions issued by the superior courts. We make it clear that, in future, if it comes to our notice that these directions have not been followed by any of the Scrutiny Committees, this Court shall take a serious view of the breach that may be committed by any of the Scrutiny Committees," the Court warned.

The order was passed in a writ petition filed by one Bharat Tayade, a resident of Thane district, against an order of the Scrutiny Committee at Thane invalidating his caste certificate the second time.

According to Tayade, this was his second round of litigation on the same issue as his first writ petition was disposed of by the High Court on December 20, 2016, with a direction to the scrutiny committee at Thane to reconsider his claim to being a 'Tokre Koli', a Scheduled Tribe.

The High Court had noted then that Tayade's cousin brother Kailash Tayade was given a validity certificate by the Scrutiny Committee in Nashik district.

However, despite a clear-cut directive, the committee at Thane refused to consider the valid caste certificate issued to Kailash, and rejected Tayade's claim of belonging to the Tokre Koli community.

The High Court took into account the conduct of the committee at Thane and said the same resulted in "judicial indiscipline" committed by a quasi-judicial authority.

"We find in the present case that Scrutiny Committee has acted in utter disregard to the law laid down by the Apex Court. If a quasi judicial or any judicial authority fails to maintain the judicial discipline, it would result in lowering down the prestige of the system of administration of justice and undermine the respect the citizens of India hold for it" the judges observed.

In view of this, the Bench quashed the orders of the Scrutiny Committee and directed it to issue a validity certificate to Tayade within two weeks.

Advocates RK Mendadkar and Tanaji Jadhav appeared for Petitioner.

Additional Government Pleader PJ Gavhane appeared for Caste Scrutiny Committee.

[Read Judgment]