Court Questions Non-application of Mind in Caste Certificate Case Involving Real Sisters
In a significant development, the Gujarat High Court has directed the members of a Scrutiny Committee to individually file affidavits explaining their decision-making process regarding the verification of a caste certificate. The case, involving petitioner Deviben Bhikhabhai Vash, has raised questions about the procedural diligence of high-ranking officers in handling sensitive verification processes.
Justice Nirzar S. Desai presided over the hearing, where the Court scrutinized the actions of the Scrutiny Committee, which had referred the petitioner's caste certificate to the Vigilance Cell. This referral was made despite previous judicial orders concerning the petitioner's real sister, Vejeeben Bhikhabhai Vash, whose caste certificate was similarly questioned, leading to a legal battle that concluded in her favor.
The Court's decision follows the observation that the Scrutiny Committee, comprising respondents Nos. 4, 5, and 6, may have acted with non-application of mind. This concern arises from their apparent disregard for prior judgments made by both the Co-ordinate Bench and Division Bench of the Gujarat High Court regarding the real sister’s similar case.
The Court noted that if the Scrutiny Committee had indeed considered these previous orders, it would need to justify any extraordinary circumstances or new evidence that warranted the referral of Deviben's case to the Vigilance Cell. The Court emphasized that failure to do so could indicate a lack of due diligence and sincerity in the Committee's decision-making process.
Despite assurances from the Assistant Government Pleader that the Committee members would review their decision, the Court found their approach lacking sincerity. The Court expressed its disapproval of the misleading communications from the officers, highlighting the need for accountability in administrative actions affecting individuals' rights.
The affidavits, to be submitted by December 8, 2025, are expected to clarify whether the Committee members considered the relevant judicial orders and, if not, the rationale behind their referral decision. The Court has scheduled the next hearing for December 9, 2025, and has requested the Chief Secretary of Gujarat to review the proceedings.
Bottom Line:
Scrutiny Committee members directed to file affidavits individually regarding their consideration of previous judicial orders before referring the caste certificate case to the Vigilance Cell.
Statutory provision(s): Caste Certificate Verification, Administrative Law, Judicial Orders Compliance
Deviben Bhikhabhai Vash v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2833601
