Supreme Court upholds validity of SC caste certificate BJP MP Navneet Kaur Rana, sets aside Bombay HC verdict

The court set aside the Bombay High Court's order which had held Rana's caste certificate of 'Mochi' was fraudulently obtained while she belonged to Sikh Chamar.

New Delhi: In a major relief for Amravati MP and BJP leader Navneet Kaur Rana, the Supreme Court on Thursday set aside the Bombay High Court's judgment which quashed her Scheduled Caste certificate.

A bench of Justices J K Maheshwari and Sanjay Karol upheld the decision of the Scrutiny Committee which did not find any fault with her caste certificate used in filing nomination papers in 2019 Lok Sabha polls.

The court pointed out the issue of procurement of caste certificate through fraudulent means has been a longtime menace and in absence of any mechanism to adjudicate the claims, the SC's Constitution bench had in 1994 laid down detailed procedural guidelines.

It noted Maharashtra enacted a law in year 2000 and subsequent rules stipulating detailed provisions regarding procedure for constitution of Scrutiny Committee as well as the procedure to be followed by it.

In the case, the bench said, "We are of the considered opinion that High Court inadvertently undertook an erroneous exercise of appreciating evidence in exercise of its jurisdiction under Article 226 of Constitution and swayed itself into a roving inquiry which was not expected as per settled legal position." 

The court said the findings of the Scrutiny Committee arrived after due inquiry does not call for any interference.

The Scrutiny Committee accepted the caste claim of appellant in 2017 predominantly on the basis of two documents, bona¬fide certificate of 2014 issued by Khalsa College of Arts, Science and Commerce in the name of Appellant’s grandfather mentioning his caste as ‘Sikh Chamar’; and the Indenture of Tenancy of 1932 which corroborated claim of her forefathers having migrated to Maharashtra from Punjab back in 1932 itself along with proof of residence.

In the instant case, the bench said, the Scrutiny Committee duly considered the documents placed before it and after due application of mind on being satisfied, accorded reasons for accepting/validating the caste claim of the appellant herein while  accepting/rejecting other certain documents. The Scrutiny Committee heard all the parties in detail complying with the principles of natural justice.

"Hence, in our considered opinion, the order of Scrutiny Committee did not merit any interference by the High Court in a ‘writ of certiorari’ under Article 226 of Constitution," the bench said.

The court set aside the Bombay High Court's order of June 8, 2021 which had held Rana's caste certificate of 'Mochi' was fraudulently obtained on the basis of forged and fabricated documents, while she belonged to Sikh Chamar. The HC had also imposed Rs two lakh cost on her.

With regard to argument that the court can't tinker with Presidential Order, the bench said, "There is no  quarrel that Presidential Order cannot be amended directly or indirectly. However, the whole argument to the effect interference by this court would amount to fiddling with the Presidential Order is not sustainable for the reason that, the case of the appellant neither calls for any inquiry into a sub¬caste nor does it amend the Presidential Order."

The bench said the appellant had claimed ‘Mochi’, the Scrutiny Committee validated and granted the ‘Mochi’ caste certificate and ‘Mochi’ caste is clearly mentioned in Entry 11 of the Presidential Order. 

The court said the argument that a reserved category in one State cannot be granted benefit of reservation in another State has no bearing in the present case since in the instant case, the appellant did not claim ‘Mochi’ caste based on her caste in some other State. Rather, the claim was for ‘Mochi’ based on genealogical caste history of appellant’s forefathers. 

The Scrutiny Committee has verified the claim of appellant holding that she belongs to 'Mochi’ caste in accordance with Entry 11 of Presidential Order as application to Maharashtra, the bench said.

The apex court also said it is well settled that High Courts as well as Supreme Court should refrain themselves from deeper probe into factual issues like an appellate body unless the inferences made by the concerned authority suffers from perversity on the face of it or are impermissible in the eyes of law. 

"In the instant case, the order passed by Scrutiny Committee reflects due appreciation of evidence and application of mind and in absence of any allegation of bias/malice or lack of jurisdiction, disturbing the findings of Scrutiny Committee cannot be sustained," the bench said.

The bench had on February 29, 2024 reserved its judgment in the plea by Rana, an MP from Amravati challenging the Bombay High Court order canceling her caste certificate.

The High Court's judgment in 2021 had come on writ petitions including by former Shiv Sena MP Anandra Vithoba Adsul.