The petitions were filed by Anand Shankarrao Kolhatkar and others, all Central Government employees, some retired and others still in service, who were appointed against Scheduled Tribe reserved posts on the strength of caste certificates identifying them as Halba ST. File
| Photo Credit: The Hindu
The Nagpur Bench of the Bombay High Court has ruled that Central Government employees availing reservation benefits in Maharashtra must obtain caste validity certificates under the State law.
Dismissing a batch of petitions, the court upheld the constitutional validity of Section 6(1) and 6(3) of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, along with Rule 9 of the 2003 Rules.
The petitions were filed by Anand Shankarrao Kolhatkar and others, all Central Government employees, some retired and others still in service, who were appointed against Scheduled Tribe reserved posts on the strength of caste certificates identifying them as Halba ST. Most of these appointments were made before 1995, and the petitioners argued that their appointment orders never required submission of validity certificates. Years later, they were directed to apply online to the State Scrutiny Committee for verification. When they failed to comply, disciplinary proceedings were initiated under Central Civil Services (Classification, Control and Appeal) Rules, 1965, prompting the legal challenge.
The petitioners contended that the Act of 2000 and the Rules of 2003 were unconstitutional, arbitrary, and contrary to Supreme Court directions in Kumari Madhuri Patil and Dayaram. They argued that the State lacked legislative competence to regulate service conditions of Central Government employees under Union List Entry 70 of the Seventh Schedule. They also claimed that employees appointed prior to 1995 were exempt from verification, citing Parliamentary Committee recommendations.
Advocate General Dr. Birendra Saraf, appearing for the State, countered that issuance and verification of caste certificates fall squarely within State jurisdiction. He maintained that reservation policy forms part of social and economic planning under Concurrent List Entry 20 and that the Act, which received Presidential assent, was enacted to prevent misuse of reservation benefits.
Rejecting the plea of legislative incompetence, a Division Bench of Justice M.S. Jawalkar and Justice Raj D. Wakode observed, “The Act of 2000 merely provides for the issuance of a caste/tribe certificate by a Competent Authority and its verification by the Scrutiny Committee. It does not determine or relate to the service conditions of any category of persons whatsoever.”
The Judges further held that the obligation to obtain a validity certificate applies irrespective of the employer, “Every person who is granted a caste/tribe certificate under Section 4(1) of the Act of 2000 is under an obligation to obtain a validity in regard to the same from the Scrutiny Committee, in view of the statutory obligation as spelt out by Section 4(2) read with Section 6(2) of the Act of 2000, in case such person is desirous of availing the benefits of concessions as provided to the reserved scheduled category.”
Warning against the consequences of accepting unverified certificates, the Bench remarked, “If such certificates without verification are held as valid, the blood relatives of the employees of Central Government will get automatic benefits. It may be used for admission in educational institutions, public employment, and even for elections. Such is not the import and object of the enactment.”
The Court added, “There is no unconstitutionality and the provisions of Section 6(1) and 6(3) of the Act of 2000 and Rule 9 of the Rules, 2003 are held and declared to be valid and constitutional.”
The matter has been posted for further hearing on December 17, 2025.
Published – November 28, 2025 11:37 pm IST
