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Friday, July 31, 2015

FALSELY CLAIMED as belonging to ‘Koli Mahadev’ a scheduled tribe community.= In the instant case, the appellant claimed to be a member of scheduled tribe on the basis of false statements and false affidavits submitted by him. At the same time indisputably in the year 1991, the appellant got employment on the basis of his claim to be a member of scheduled tribe. After 18 years of his employment, the matter was referred to a Scrutiny Committee for verification. On consideration of all the documents, the enquiry conducted by vigilance cell, a validity certificate was issued by the Scrutiny Committee on 19.06.2010. However the matter was reconsidered by the Scrutiny Committee for the reason that the tribe certificate issued in favour of his brother was invalidated by the Committee in 2004 and the order attained finality up to this Court. The Scrutiny Committee after giving opportunity recalled its earlier order dated 19.6.2010, whereby validity certificate was issued in favour of the appellant. In the facts and circumstances of this case, we are of the opinion that the impugned order passed by the High Court needs no interference and this appeal deserves to be dismissed. However, we hold that because of inordinate delay in considering the certificate of the appellant, the benefit of the certificate already availed by the appellant shall not be disturbed making it clear that the appellant shall not be entitled to take any further benefit of reservation in future including the benefit of continuing in service.

                                                                  REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        Civil Appeal No.5778  of 2015
                 [Arising out of S.L.P.(C)No. 10430 of 2014]

Rajeshwar Baburao Bone                             …..Appellant(s)

                                   versus

The State of Maharashtra and Another         …..Respondent(s)




                                    ORDER

M. Y. EQBAL, J.

      Leave granted.

2.    This appeal by special leave is  directed  against  the  order   dated
17.12.2013 passed by the High Court of Bombay, Bench at Aurangabad,  whereby
the High Court has dismissed  the  writ  petition  filed  by  the  appellant
herein.

3.     The facts of the case lie in a narrow compass.

4.    The appellant herein claims  to  be  belonging  to  ‘Koli  Mahadev’  a
scheduled tribe community.  According to the  appellant  he  separated  from
his family as there was dispute in respect of the property with  his  father
and  for  quite  some  time,  the  appellant   have   no   relationship   or
communication with his father and other family members.



5. Since the appellant has secured employment with Zilla Parishad, Beed,  on
the post reserved  for  Scheduled  Tribe  category,  the  tribe  certificate
issued  in  his  favour  was  referred  to  the   Scrutiny   Committee   for
verification after 18 years from the date  of  appointment.   The  appellant
submitted several documents in support of his  claim  including  the  oldest
record of 1348 fasali pertaining to his grandfather namely Gundaji  Narsingh
Bone wherein his caste is recorded as Mahadev Koli.



6.  The claim of the appellant was referred to vigilance cell and  vigilance
officer has conducted the home and school enquiry. On consideration  of  all
the documents furnished by the appellant including  affidavits  as  well  as
forms filled in by the appellant, the Scrutiny Committee proceeded to  issue
validity certificate by reasoned order dated 19.06.2010.



7.    It was later on revealed that tribe certificate issued  in  favour  of
appellant’s brother by name Sharadkumar Baburao Bone  has  been  invalidated
by the Committee by order dated 20.10.2004 and said order  was  communicated
to him on 27.10.2004.  The writ petition challenging  the  order  passed  by
the Committee invalidating tribe claim of  the  brother  of  the  appellant,
being Writ Petition No. 6934 of 2004, has been dismissed by the High  Court.
The SLP filed against that order of the High Court  has  been  dismissed  by
this Court.



8.    The Scrutiny Committee, as such,  decided  to  reconsider  the  matter
concerning issuance of validity certificate  in  favour  of  the  appellant.
The appellant  was  duly  noticed  by  the  Committee  and  after  extending
opportunity of hearing to the appellant, the  Scrutiny  Committee  by  order
dated 24.2.2012 recalled its earlier  order  and  directed  invalidation  of
tribe certificate of the appellant. In paragraph nos.  7,8,9,  and  10,  the
Scrutiny Committee has observed thus:-

 “ Applicant has submitted in Form  ‘E’  in  which  column  No.17(a)  it  is
specifically asked that whether any family member from your  family  members
previously verified? Applicant answered that, ‘No’.

Applicant filed affidavit, notorised before notary on  13.1.2009  in  format
‘F’ in which he specially  made  statement  on  oath,  “No  scheduled  tribe
certificate of any of my relatives from paternal side is ever  held  invalid
by the Scrutiny Committee.

Applicant also submitted another  affidavit  dated  16.3.2009  in  which  he
again made fake statement that ‘Any  of  my  sister  and  brother  or  blood
relatives bears surname  as  Bone  whose  claim  never  invalidated  by  the
Committee or no any petition pending before any Court.

The Police inspector of vigilance cell recorded  statement  on  9.4.2009  of
applicant’s father namely Shri Baburao Gundaji Bone.   He  also  again  made
statement that “in my family, in Bone surnames  or  in  my  relatives  whose
claim never invalidated by the committee or no any petition  pending  before
any Court.”



9.    The appellant challenged the aforesaid order  dated  24.2.2012  passed
by the Scrutiny Committee by filing a  writ  petition  being  writ  petition
No.5160 of 2012 in the High Court of Bombay at Aurangabad  Bench.  The  High
Court after hearing the appellant dismissed the writ petition  and  observed
as under:-

“In our opinion, petitioner has willfully misled the Scrutiny Committee  for
securing validity certificate  wrongfully.   The  petitioner  is  guilty  of
making false statements on oath before the Scrutiny Committee.  As a  result
of misrepresentation made by the petitioner earlier, the Scrutiny  Committee
had issued validity certificate in his  favour.   However,  after  realizing
fraudulent act of the petitioner, the  Committee  proceeded  to  recall  its
earlier order.  Since the  petitioner  has  played  fraud  by  filing  false
affidavits on record before the Committee, the Committee  was  justified  in
recalling its earlier order of granting validity certificate  in  favour  of
the petitioner.  It is well established that in the event of  occurrence  of
fraud, Scrutiny Committee can recall its earlier order even in  the  absence
of specific provision enabling the Committee to exercise powers of review.”











10.   Hence the present Appeal by Special Leave.

11.   We have heard Mrs. Meenakshi Arora learned  senior  counsel  appearing
for the appellant and Mr. Arun R. Pedneker, learned  counsel  appearing  for
the respondent-State.



12.   Mrs. Meenakshi Arora, put heavy  reliance  on  the  decision  of  this
Court in the case of  Dattu s/o Namdev Thakur vs.  State  of  Maharashtra  &
Others (2012) 1 SCC 549 and Shalini vs. New English High School  Association
& Ors. (2013) 16 SCC 526.  We have carefully examined the ratio  decided  by
this Court in the decisions referred to hereinabove.



13.   In the  instant  case,  the  appellant  claimed  to  be  a  member  of
scheduled tribe on the  basis  of  false  statements  and  false  affidavits
submitted by him. At the same  time  indisputably  in  the  year  1991,  the
appellant got employment on the basis  of  his  claim  to  be  a  member  of
scheduled tribe.  After 18 years of his employment, the matter was  referred
to a Scrutiny Committee for  verification.   On  consideration  of  all  the
documents, the enquiry conducted by vigilance cell, a  validity  certificate
was issued by the Scrutiny Committee on 19.06.2010.  However the matter  was
reconsidered by the  Scrutiny  Committee  for  the  reason  that  the  tribe
certificate  issued  in  favour  of  his  brother  was  invalidated  by  the
Committee in 2004 and the order attained finality  up  to  this  Court.  The
Scrutiny Committee after  giving  opportunity  recalled  its  earlier  order
dated 19.6.2010, whereby validity certificate was issued in  favour  of  the
appellant.



14.   In the facts and circumstances of this case, we  are  of  the  opinion
that the impugned order passed by the High Court needs no  interference  and
this appeal deserves to be dismissed.  However,  we  hold  that  because  of
inordinate delay in considering   the  certificate  of  the  appellant,  the
benefit of the certificate already availed by the  appellant  shall  not  be
disturbed making it clear that  the appellant shall not be entitled to  take
any further benefit of  reservation  in  future  including  the  benefit  of
continuing in service.



15.   In the result, this appeal is  dismissed  with  the  observation  made
hereinabove.

                                                              …………………………….J.
                                                                (M.Y. Eqbal)



                                                              …………………………….J.
                                                               (C. Nagappan)
New Delhi
July 29, 2015













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