Case Note & Summary
The petitioner, Kum. Akanksha Babasaheb Shinde, a student, challenged an order dated 8 December 2020 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, which invalidated her caste certificate certifying her as belonging to the Thakur Scheduled Tribe. The petitioner claimed she was born into the Thakur Scheduled Tribe and had been issued a caste certificate by the Competent Authority on 4 August 2019. She applied to the Scrutiny Committee on 23 September 2019 for verification of her caste certificate, which was required for her to pursue studies under the reserved category. In support of her claim, she submitted several documents, including two pre-constitution period documents and a caste validity certificate issued to her real uncle, Sachin Nana Shinde. The petitioner participated in the hearing but the Committee rejected her tribe claim without considering these crucial documents. The court found that the Committee had failed to consider the pre-constitution documents and the validity certificate of the real uncle, which are relevant under the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003. The court held that the impugned order was unsustainable and quashed it, directing the Committee to reconsider the matter afresh, taking into account all the documents submitted by the petitioner, and to pass a reasoned order within eight weeks. The petition was allowed.
Headnote
A) Scheduled Tribes - Caste Certificate Verification - Consideration of Pre-Constitution Documents - Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 - The Scrutiny Committee invalidated the petitioner's Thakur Scheduled Tribe certificate despite the petitioner submitting two pre-constitution period documents and a caste validity certificate issued to her real uncle, Sachin Nana Shinde. The court held that the Committee failed to consider these crucial pieces of evidence, which are relevant under the Rules. The impugned order was quashed and the matter remanded for fresh consideration. (Paras 4-8) B) Scheduled Tribes - Caste Certificate Verification - Validity Certificate of Blood Relative - Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 - The petitioner relied on a caste validity certificate issued to her real uncle, which is a relevant document under the Rules. The Committee's failure to consider this document was held to be a serious error. The court directed the Committee to consider all documents, including the pre-constitution documents and the uncle's validity certificate, and pass a fresh order within eight weeks. (Paras 5-8)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's Thakur Scheduled Tribe certificate without properly considering the pre-constitution period documents and the caste validity certificate issued to the petitioner's real uncle.
Final Decision
The impugned order dated 8 December 2020 passed by Respondent No.2 is quashed and set aside. The matter is remanded to Respondent No.2 for fresh consideration. Respondent No.2 shall consider all the documents submitted by the petitioner, including the pre-constitution period documents and the caste validity certificate of her real uncle, and pass a reasoned order within eight weeks from the date of receipt of the order. Rule is made absolute accordingly.
Law Points
- Caste certificate verification
- Scheduled Tribe claim
- pre-constitution documents
- validity certificate of blood relative
- consideration of evidence
- Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules
- 2003
