Case Note & Summary
The petitioner, Saurabh S/o Ashok Nikam, filed a writ petition challenging the decision of the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, dated 15th December 2021, which invalidated his tribe claim as belonging to the 'Thakur' Scheduled Tribe. The petitioner had submitted various documents including school records, affidavits of relatives, and other evidence to support his claim. The Committee, however, passed the impugned order without considering these documents and without giving the petitioner a proper opportunity to be heard. The High Court observed that the Committee's order suffers from non-application of mind as it failed to take into account the relevant material on record. The court set aside the impugned order and remitted the matter back to the Committee for fresh consideration, directing the Committee to decide the claim afresh after giving the petitioner an opportunity to produce all relevant documents and after considering the same in accordance with law. The petition was allowed with no order as to costs.
Headnote
A) Scheduled Tribes - Caste Certificate Scrutiny - Validity of Committee's Order - The Scrutiny Committee invalidated the petitioner's tribe claim as 'Thakur' (Scheduled Tribe) without considering relevant documents and affidavits - The High Court held that the Committee's order suffers from non-application of mind and is unsustainable - The matter was remitted back to the Committee for fresh consideration after giving opportunity to the petitioner to produce all documents (Paras 1-6).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee's order invalidating the petitioner's tribe claim as 'Thakur' (Scheduled Tribe) is sustainable when it failed to consider relevant documents and affidavits submitted by the petitioner.
Final Decision
The impugned order dated 15th December 2021 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division is quashed and set aside. The matter is remitted back to the Committee for fresh consideration. The Committee shall decide the claim of the petitioner afresh after giving him an opportunity to produce all relevant documents and after considering the same in accordance with law. The petition is allowed. Rule made absolute accordingly. No order as to costs.
Law Points
- Natural justice
- Non-application of mind
- Scrutiny of caste claims
- Consideration of documentary evidence
- Affidavit evidence
