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november 2012

Supreme Court of India · 2012-11-08

Ayaaubkhan Noorkhan Pathan vs State Of Maharashtra & Ors

Citation / case number
AIR 2013 SUPREME COURT 58
Court
Supreme Court of India
Petitioner
Ayaaubkhan Noorkhan Pathan
Respondent
State Of Maharashtra & Ors
Author
B.S. Chauhan
Bench
Jagdish Singh Khehar, B.S. Chauhan

Judgment text excerpt

The Supreme Court held that the High Court's order remitting the matter to the Scrutiny Committee for a de novo enquiry into the appellant's caste certificate was improper, as the Scrutiny Committee had already verified the appellant's caste status as belonging to Bhil Tadvi (Scheduled Tribes) and had no statutory power to recall or review its validity certificate. The Court emphasized that the principles of natural justice must be adhered to, but the Scrutiny Committee's prior findings should not be disregarded without substantial evidence. The appeal was allowed, and the High Court's order was set aside, reinstating the validity of the caste certificate.

Ayaaubkhan Noorkhan Pathan vs State Of Maharashtra & Ors · Niyam