Case Note & Summary
The petitioner, Shankar Shivsing Kayte, filed a writ petition before the High Court at Bombay, Appellate Side, Bench at Aurangabad, challenging the order dated 13th April 2022 passed by the District Caste Certificate Scrutiny Committee, Jalna, which invalidated his caste claim as 'Rajput Bhamta' (Vimukta Jati). The petitioner claimed to belong to 'Rajput Bhamta', a denotified tribe notified as 'Vimukta Jati' in the State of Maharashtra. He was elected as a member of the Village Panchayat, Avhana/Thalewadi, in January 2021 from a seat reserved for 'Backward Class' which includes 'Vimukta Jati'. The petitioner was issued a caste certificate by the competent authority on 22.12.2020, which was submitted for verification to the Scrutiny Committee on 24.12.2020. The Scrutiny Committee, by its impugned order, invalidated the caste claim. The petitioner contended that the Committee failed to consider the affidavits of his father and uncle, who stated that they belong to the 'Rajput Bhamta' community, and also ignored the school leaving certificates of his father and uncle showing their caste as 'Rajput Bhamta'. The Court observed that the Scrutiny Committee had not considered these relevant documents and affidavits, which were crucial for determining the caste claim. The Court held that the Committee must consider all evidence on record and pass a reasoned order. Consequently, the Court quashed the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing the Committee to decide the caste claim afresh after considering all documents and affidavits submitted by the petitioner, and after giving an opportunity of hearing to the petitioner. The writ petition was allowed in the above terms.
Headnote
A) Caste Certificate - Scrutiny Committee - Validity of Order - The Scrutiny Committee invalidated the petitioner's caste claim as 'Rajput Bhamta' (Vimukta Jati) without considering the affidavits of relatives and contemporaneous documents on record - The Court held that the Committee must consider all evidence and pass a reasoned order - The impugned order was quashed and the matter remitted for fresh consideration (Paras 6-8). B) Caste Certificate - Evidence - Affidavits of Relatives - The petitioner submitted affidavits of his father and uncle stating that they belong to 'Rajput Bhamta' community - The Scrutiny Committee failed to consider these affidavits - The Court held that such affidavits are relevant and must be considered by the Committee (Para 6). C) Caste Certificate - Contemporaneous Documents - The petitioner produced school leaving certificates of his father and uncle showing caste as 'Rajput Bhamta' - The Scrutiny Committee did not consider these documents - The Court held that contemporaneous documents are crucial evidence and must be evaluated (Para 6).
Issue of Consideration
Whether the order of the District Caste Certificate Scrutiny Committee invalidating the petitioner's caste claim as 'Rajput Bhamta' (Vimukta Jati) is sustainable in law when the Committee failed to consider relevant documents and affidavits submitted by the petitioner.
Final Decision
The writ petition is allowed. The impugned order dated 13th April 2022 passed by the District Caste Certificate Scrutiny Committee, Jalna is quashed and set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration. The Committee shall decide the caste claim afresh after considering all documents and affidavits submitted by the petitioner and after giving an opportunity of hearing to the petitioner. Rule is made absolute in the above terms.
Law Points
- Caste Scrutiny Committee must consider all relevant documents and affidavits
- Scrutiny Committee cannot ignore contemporaneous evidence
- Caste claim verification requires holistic appreciation of evidence
- Affidavits of relatives are relevant evidence for caste claim
- Scrutiny Committee order must be reasoned and based on material on record
