REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5243 OF 2008
[Arising out of SLP (C) No. 24662 of 2005]
Shantidevi Kamaleshkumar Yadav .. Appellant
Versus
State of Maharashtra & Others .. Respondents
JUDGMENT
Dalveer Bhandari, J.
1. Leave granted.
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2. The appellant is aggrieved by the judgment of the High
Court of Judicature at Bombay dated 14.10.2005 delivered in
Civil Writ Petition No. 9231 of 2003.
3. The main grievance which has been highlighted by the
learned counsel for the appellant is regarding non-observance
of the principles of natural justice. The appellant submitted
that hearing of the case was closed for orders before the Caste
Scrutiny Committee on 29.9.2003. Thereafter, without notice
to the appellant, Caste Certificate Register was called on
28.10.2003 and representatives from the Office of the
Tehsildar were called on 7.11.2003. This approach of the
Caste Scrutiny Committee is clearly violative of the basic
principles of natural justice.
4. According to the appellant, this grievance was clearly
articulated before the Division Bench of the High Court, but it
did not deal with this aspect of the matter, therefore, in the
interest of justice the matter should be remanded to the Caste
Scrutiny Committee for deciding the matter afresh after
hearing the counsel for the parties.
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5. This Court after hearing the learned counsel for the
appellant issued notice limited to the question as to whether
the matter be remanded or not.
6. We have heard learned counsel for the parties at length
and carefully perused the documents on record. In the
impugned judgment, there is no discussion regarding the
main grievance of the appellant why the Caste Certificate
Register was called for inspection on 28.10.2003 and the
statement of the representative from the Office of the
Tehsildar, Bombay City was recorded on 7.11.2003 after the
conclusion of the hearing.
7. We have heard learned counsel for the respondents at
length but he could not give any satisfactory reply why the
caste register was called for inspection and the statements of
the representatives of the Office of the Tehsildar, Bombay were
recorded after the conclusion of the hearing without any
notice to the appellant.
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8. In consonance with the principles of natural justice,
equity, good conscience and fairness, we are compelled to set
aside the impugned judgments of the High Court and the
Caste Scrutiny Committee.
9. Consequently, we remit the matter to the Caste Scrutiny
Committee to decide the case afresh after hearing the learned
counsel for the parties. The Caste Scrutiny Committee must
ensure that no hearing or deliberation takes place after the
conclusion of hearing without notice to the appellant.
10. The matter has been pending for several years, therefore,
we request the Caste Scrutiny Committee to dispose of this
case as expeditiously as possible. No further directions are
necessary. This appeal is accordingly disposed of. No costs.
………………………………J.
(Dalveer Bhandari)
………………………………J.
(Harjit Singh Bedi)
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New Delhi;
August 26, 2008.