DAYARAM versus SUDHIR BATHAM & ORS.

Citation: [2011] 15 S.C.R. 1092 · Decided: 11-10-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Disposed off

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2011] 15 (ADDL.) S.C.R. 1092 
DAYARAM 
v. 
SUDHIR BATHAM & ORS. 
(CIVIL APPEAL N0.3467 of 2005) 
OCTOBER 11, 2011 
[R.V. RAVEENDRAN, P. SATHASIVAM AND 
A.K. PATNAIK, JJ.] 
Social Status certificate - Scheduled Caste certificate -
c Verification of - By State Level Screening Committee in 
accordance with the Supreme Court decision in Madhuri Ratil 
- In Madhuri Patil, a two Judge Bench of Supreme Court 
issued fifteen directions to streamline the procedure for 
issuance of caste (social status) certificates, their scrutiny and 
0 approval - Whether directions 1 to 15 in Madhuri Patil were 
impermissible, being legislative in nature - Held: The 
Supreme Court has a constitutional duty to protect the 
fundamental rights of Indian citizens - The directions issued 
in Madhuri Patil are intrinsic to the fulfillment of fundamental 
rights of backward classes of citizens and are also intended 
E to preclude denial of fundamental rights to such persons who 
are truly entitled to affirmative action benefits - In giving such 
directions, Supreme court neither re-wrote the Constitution nor 
resorted to Judicial legislation' - The directions 1to15 issued 
in Madhuri Patil in exercise of power under Articles 142 and 
F 32 of the Constitution, are valid and laudable, as they were 
made to fill the vacuum in the absence of any legislation, to 
ensure t/Jat only genuine scheduled caste and scheduled 
tribe candidates secured the benefits of reservation and the 
bogus candidates were kept out - By issuing such directions, 
G Supreme Court was not taking over the functions of the 
legislature but merely filling up the vacuum till legislature 
chose to make an appropriate law - Constitution of India, 
1950 - Article 142. 
Social Status certificate - Scheduled Caste certificate -
H 
1092 
DAYARAM v. SUDHIR BATHAM & ORS. 
1093 
Verification of - By State Level Screening Committee in 
A 
accordance with the Supreme Court decision in Madhuri Patil 
- Whether directions 11 and 12 in Madhuri Patil, which 
exclude the jurisdiction of the civil court to entertain suits 
challenging the decisions of the Caste Scrutiny Committees, 
violate s. 9 of CPC - Held: If a suit is to be filed in a civil court 8 
in regard to the decision of the scrutiny committee, the cause 
of, action for such suit would not arise under any statute, but 
with reference to an order of a committee constituted. in 
pursuance of a scheme formulated by Supreme Court, by way 
of a stop-gap quasi-legislative action -
The principle C 
underlying s. 9 is that cognizance of any category of suits 
arising under a statute, can be barred (either expressly or 
impliedly) by that Statute - But in regard to cognizance of the 
· category of suits arising from the scheme formulated by a 
decision of Supreme Court (and not under a statute), the 
scheme formulated by the decision of the court is the 'statute', 
D 
and therefore the scheme can expressly or impliedly bar 
cognizance of such suits - As the scrutiny committee is a 
creature of the judgment in Madhuri Patil and the procedure 
for verification and passing of appropriate orders by the 
scrutiny committee is also provided for in the said judgment, 
E 
there is nothing irregular or improper in Supreme court 
directing that orders of the scrutiny committee should be 
challenged only in a proceeding under Article 226 of the 
Constitution and not by way of any suit or other proceedings 
- Permitting civil suits with provisions for appeals and further F 
appeals would defeat the very scheme and will encourage the 
very evils which Supreme Court wanted to eradicate -
Madhuri Patil provides for verification only to avoid false and 
bogus claims - No reason why the procedure laid down in 
Madhuri Patil should not continue in the absence of any 
legislation governing the matter - Code of Civil Procedure, 
F 
1908 - s. 9 "'"" Jurisdiction of civil courts - Constitution of India, 
1950 - Article 226 - Writ petition relating to caste certificates. 
Social Status certificate - Scheduled Caste certificate -
Verification of - By State Level Screening Committee in 
H 
1094 SUPREME COURT REPORTS [2011) 15 (ADDL.) S.C.R. 
A accordance with the Supreme Court decision in Madhuri Patil 
- Claim of respondents 1 to 3 that they belonged to 'Dhobi' 
caste, a scheduled caste in Bhopal district of Madhya Pradesh 
- Whether direction 13 in Madhuri Patil barring intra-court 
appeals against decisions of Single Judges in writ petitions, 
B when such app

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