False claims of caste discrimination are equally divisive as genuine cases, Delhi HC [Read order]

The Delhi High Court has made some strong observations regarding false claims of caste discrimination while setting aside the orders of the National Commission for Scheduled Tribes in a matter regarding dealership of a petrol pump..The petitioner, Indian Oil Corporation, had cancelled the dealership of an allottee – who happened to belong to a Scheduled Tribe – alleging malpractice, which were found during the inspection conducted by the officers of Indian Oil and the Anti-Adulteration Cell..The Commission for Scheduled Tribes had advised Indian Oil to review its decision and had observed that that there were strong reasons to believe that the dealership had been cancelled with a motive to harass a Scheduled Tribe allottee..The Commission had further directed that if the dealership was not restored, then action would be taken against erring officials of Indian Oil under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act..Advocate Rahvi Narayan, appearing for Indian Oil, submitted that the Dealership was terminated after following due procedure and that no allegation was made by the allottee of any discrimination on account of him being a member of the Scheduled Tribe either in his initial response or in his representation to the National Commission..It was further submitted that the National Commission neither had the jurisdiction to entertain the dispute between Indian Oil and the allottee nor to issue any directions or orders as a Civil Court..The Single Judge Bench of Justice Vibhu Bakhru observed that,.“This Court finds the aforesaid observations (of the Commission) to be bereft of any basis, and without any application of mind. The said observations are plainly perverse considering that no such allegation was made by respondent no. 2 in his representation to the Commission or to IOCL. .False claims of hostile discrimination on the basis of caste are equally divisive and pernicious to the integrity of the people of this nation as acts of hostile discrimination on that basis.”.The Court quashed the orders passed by the National Commission and held that the Commission is not an alternative forum for dispute resolution and has no adjudicatory function..Read the order below.