Case Note & Summary
The petitioner, Shantanu S/o Chatrapati Chavan, filed a writ petition before the Bombay High Court challenging the order dated 01.11.2022 passed by the Schedule Tribe Caste Certificate Scrutiny Committee, Amravati Division, which rejected his caste claim as 'Thakur' (Scheduled Tribe). The petitioner claimed to belong to the 'Thakur' tribe, recognized at serial 44 of the Constitution (Scheduled Tribes) Order, 1950. In support of his claim, he produced seventeen documents, including pre-constitutional school leaving certificates of his great-grandfather (Sakharam Govinda) dated 14.06.1926, his great-great-grandfather (Govinda Sonaji) dated 26.07.1931, and another ancestor dated 01.05.1946, all showing the caste as 'Thakur'. The Scrutiny Committee, however, rejected the claim on the grounds of affinity test and area restrictions, ignoring these documents. The petitioner contended that the Committee had considered the documents but held that mere mention of 'Thakur' was insufficient. The High Court, after hearing the parties, observed that the pre-constitutional documents were of great evidentiary value and could not be brushed aside. The Court held that the affinity test cannot override such documentary evidence. Consequently, the impugned order was quashed and set aside, and the Committee was directed to accept the petitioner's caste claim and issue a validity certificate within four weeks. The writ petition was allowed.
Headnote
A) Scheduled Tribes - Caste Claim - Pre-constitutional Documents - Affinity Test - The petitioner claimed to belong to 'Thakur' Scheduled Tribe and produced pre-constitutional school documents of his ancestors from 1926, 1931, and 1946 showing caste 'Thakur'. The Scrutiny Committee rejected the claim based on affinity test and area restrictions. The High Court held that pre-constitutional documents are of great evidentiary value and cannot be ignored; affinity test cannot override such documentary evidence. The impugned order was quashed and the caste claim was directed to be accepted. (Paras 3-5)
Issue of Consideration
Whether the Scrutiny Committee was justified in rejecting the petitioner's caste claim as 'Thakur' (Scheduled Tribe) based on affinity test and area restrictions, despite the petitioner producing pre-constitutional documents showing the caste 'Thakur'.
Final Decision
The writ petition is allowed. The impugned order dated 01.11.2022 passed by respondent 1 is quashed and set aside. Respondent 1 is directed to accept the petitioner's caste claim as 'Thakur' (Scheduled Tribe) and issue a validity certificate within four weeks.
Law Points
- Pre-constitutional documents
- affinity test
- area restrictions
- caste claim
- Scheduled Tribe
- Thakur
- Constitution (Scheduled Tribes) Order 1950
