Bombay High Court Upholds Maharashtra Act on Caste Certificate Verification for Central Government Employees

Court Validates State's Legislative Competence in Regulating Caste Certificate Verification under the Act of 2000

In a landmark decision, the Bombay High Court, Nagpur Bench, has upheld the constitutional validity of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes, and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The court dismissed petitions challenging the legislative competence of the State in regulating the verification of caste certificates for Central Government employees.

The petitioners, comprising retired and serving Central Government employees, contended that the Act of 2000, particularly Section 6(1), 6(3), and Rule 9, was unconstitutional as it allegedly encroached upon the jurisdiction of the Union Government. They argued that the Act could not be applied to Central Government employees who were appointed based on caste certificates issued prior to 1995 and were exempted from further verification as per a parliamentary report.

However, the court, presided over by Justices Smt. M. S. Jawalkar and Raj D. Wakode, rejected these claims. It held that the Act of 2000, which received the President's assent, provides a statutory framework for the issuance and verification of caste certificates, ensuring that only genuine beneficiaries receive reservation benefits. The court emphasized that the Act does not determine service conditions but merely regulates the verification process of caste certificates issued by competent state authorities.

The court further noted that the power to issue caste certificates lies within the jurisdiction of the State, and verification through Scrutiny Committees is essential to maintain the integrity of the reservation system. The judgment also clarified that the Act applies to all individuals seeking reservation benefits, regardless of their employment with the Central or State Government.

Citing various Supreme Court judgments, the court emphasized the importance of preventing the usurpation of reservation benefits by individuals with false claims. It reiterated that legislative provisions aimed at verifying caste claims are within the State's competence, particularly under Entry 20 of the Concurrent List in the Seventh Schedule of the Constitution, which pertains to social and economic planning, including reservation policies.

In conclusion, the court declared the provisions of Section 6(1) and 6(3) of the Act of 2000 and Rule 9 of the 2003 Rules as valid and constitutional, reinforcing the State's authority to legislate on matters concerning the issuance and verification of caste certificates for individuals deriving benefits from reservation policies.

Bottom Line:

Verification of caste certificates issued to Central Government employees falls within the legislative competence of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.

Statutory provision(s): Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Sections 6(1), 6(3), Rule 9

Anand Shankarrao Kolhatkar v. Union of India, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc Id # 2814005