The Bombay High Court has referred to a Larger Bench the question of whether the Caste Scrutiny Committee can recall its own order on grounds of fraud or misrepresentation under the Act of 2000.
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MUMBAI: The Bombay High Court dealt with a legal question regarding the powers of the Scheduled Tribe Certificate Scrutiny Committee under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereafter referred to as the Act of 2000).
The petitions were filed challenging the orders of the Scrutiny Committee, which had recalled and invalidated earlier caste validity certificates granted to the petitioners, citing fraud and misrepresentation.
Background of the Case
The case revolves around the recall of caste validity certificates originally granted to the petitioners, affirming their Scheduled Tribe status. The Scrutiny Committee later annulled these certificates on the grounds that they were allegedly obtained through suppression of material facts and misrepresentation.
Challenging this action, the petitioners contended that the Scrutiny Committee, being a statutory body under the Maharashtra Caste Certificate Act of 2000, lacks the authority to review or revisit its own orders, as the Act does not confer any power of review
Issue Before the Court
Whether the Scrutiny Committee has any inherent power to recall its own order on grounds of fraud or misrepresentation when the Act of 2000 does not expressly provide for a power of review.
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Arguments by the Parties
Petitioner:
The petitioners argued that the Scrutiny Committee lacked the authority to review or recall its own orders, even in cases involving allegations of fraud, since the Act of 2000 grants finality to its decisions under Section 7(2).
They relied on judgments such as Rakesh Bhimashankar Umbarje v. State of Maharashtra (2023) and Bharat Nagu Garud v. State of Maharashtra (2024), which held that any challenge to a validity certificate can only be pursued before the High Court under Article 226 of the Constitution.
State:
On the other hand, the State contended that fraud corrupts everything, asserting that the Scrutiny Committee has an inherent power to recall its order if it was obtained through fraud or misrepresentation.
In support of this position, the State cited precedents like Rajeshwar Baburao Bone v. State of Maharashtra (affirmed by the Supreme Court in 2015) and Shakila Begum Faiyyazuddin v. State of Maharashtra (2018).
Court’s Observations
The Court observed an apparent conflict in judicial opinions on the issue. While some benches have held that the Scrutiny Committee becomes functus officio (“having performed its office”) after granting caste validity and has no power of review, other benches have recognized an inherent authority to recall its orders in cases involving fraud or misrepresentation, emphasizing the need to preserve the purity of the verification process.
The Court noted,
“If a blanket power of recall is bestowed upon the Scrutiny Committee, there is a possibility of rampant misuse… However, orders obtained by fraud cannot be allowed to stand.”
The Court invoked Rule 9(A) of the Bombay High Court Appellate Side Rules, 1960, and referred the matter to a Larger Bench with the following key questions:
- Does the Scrutiny Committee have the power to recall its order on grounds of fraud, misrepresentation, or suppression of material facts?
- Does the absence of an express provision for review in the Act of 2000 completely bar such power?
- If such a power exists, what safeguards should be applied to prevent misuse?
- Should seeking leave of the High Court be a safeguard?
- Do the rulings in Rakesh Bhimashankar Umbarje and Bharat Nagu Garud need reconsideration?
Case Title:
Santosh Anil Kolhe and Ors v State of Maharashtra
WRIT PETITION NO.8316 OF 2025
READ ORDER HERE
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