Case Note & Summary
The petitioner, Chaitanya Satish Dervre, challenged the order dated 04.10.2019 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, which invalidated his tribe claim for 'Thakur' Scheduled Tribe. The petitioner had obtained a caste certificate dated 15.09.2015 from the competent authority and secured admission to B. Pharm course in the academic year 2016-17 under the scheduled tribe category. He submitted an undertaking to produce caste validity. The Committee forwarded the claim for verification along with documentary evidence including school records of the petitioner, his father, grandfather, cousin grandfather, and a validity certificate dated 07.10.2005 issued in favour of his real paternal uncle, Ajai Adhar Deore. An affidavit in Nanuma No.-F showing genealogy was also tendered. The Vigilance Officer conducted an inquiry and submitted a report dated 08.05.2019. The petitioner filed a reply on 05.06.2019. However, the Committee invalidated the claim observing that the petitioner failed to support his claim by documentary evidence and during the affinity test towards the 'Thakur' community, and that his place of residence was beyond the tribe area. The petitioner contended that the Committee did not consider the validity certificate of his paternal uncle and the genealogy affidavit. The Court found that the Committee had not considered these relevant documents and remitted the matter back to the Committee for fresh consideration, directing the petitioner to appear before the Committee on 15.01.2024 and the Committee to decide the matter within three months thereafter.
Headnote
A) Scheduled Tribes - Caste Validity - Affinity Test - The Scrutiny Committee invalidated the petitioner's tribe claim for 'Thakur' Scheduled Tribe on grounds of failure to pass affinity test and place of residence beyond tribe area - The Court held that the Committee failed to consider the validity certificate issued in favour of the petitioner's real paternal uncle and the affidavit of genealogy, which are relevant pieces of evidence - The matter was remitted back to the Committee for fresh consideration (Paras 1-3).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's tribe claim for 'Thakur' Scheduled Tribe despite the existence of a validity certificate issued in favour of the petitioner's real paternal uncle and other documentary evidence.
Final Decision
The Court quashed and set aside the impugned order dated 04.10.2019 and remitted the matter back to the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, for fresh consideration. The petitioner was directed to appear before the Committee on 15.01.2024. The Committee was directed to decide the matter within three months from the date of appearance.
Law Points
- Scheduled Tribe certificate validity
- affinity test
- consideration of prior validity certificates
- burden of proof
- natural justice
