AIR 2017 SUPREME COURT 3271 ::2017 (5) ABR 219 ::(2018) 1 Pat LJR 271 ::2017 (8) SCC 670 ::(2017) 7 Scale 395 ::AIR 2017 SC (Civil) 2354 ::(2017) 5 Mad LJ 462 ::(2017) 4 Mah LJ 898 ::(2017) 3 Lab LN 14 ::(2018) 1 JLJR 273 ::(2017) 4 Ker LT 31 ::(2017) 3 SCT 735

Supreme Court Of India

Hon'ble Judge(s): Jagdish Singh Khehar, N. V. Ramana, D. Y. Chandrachud , JJJ

(A) 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 (23 of 2001) , Preamble— Legislative intent behind enactment of Act- Discussed. Enactment of Act of 2000 puts into place statutory framework covering area from issuance of caste/tribe certificates and traversing scrutiny and verification of caste/tribe claims and withdrawal of benefits accruing upon false claim. Stringent penalties are provided against violators by creating regime of criminal offences which are punishable at law. Application for caste certificate is required to be made to designated authority constituted by State Government. Competent authority has to be satisfied about genuineness of claim before it issues caste certificate. Issuance of caste certificate does not in itself conclude level of scrutiny. Next stage of scrutiny is contemplated before Scrutiny Committee which is conferred with statutory status by provisions of Act. Section 7 empowers Scrutiny Committee either suo motu or otherwise to enquire into correctness of caste certificate and, if it is of opinion that certificate was obtained fraudulently, it shall cancel and confiscate it after furnishing reasonable opportunity to be heard. Section 7 operates in respect....