Case Note & Summary
The petitioner, Sandeep s/o Naryan Pawar, filed a writ petition under Article 226 of the Constitution of India challenging the decision dated 11.04.2018 of the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, which invalidated his claim of belonging to the 'Thakur' Scheduled Tribe community. The petitioner, a resident of Jakhmathawadi, Taluka Gangapur, District Aurangabad, had been issued a caste certificate on 03.08.2006 by the Sub-Divisional Officer, Vaijapur. His tribe claim was forwarded to the committee for verification on 21.02.2011 through the Principal of Shishu Vikas Teachers' Training College, Aurangabad, where he was studying. Subsequently, the petitioner was appointed as an Electrical Assistant on 03.06.2013 with the Maharashtra State Electricity Distribution Company Limited. The committee invalidated his claim, leading to the present petition. The petitioner argued that the committee failed to consider relevant documents, including school records and affidavits of relatives, which showed that 'Thakur' is a Scheduled Tribe. The respondents, including the State of Maharashtra and the committee, defended the decision. The court, after hearing the parties, found that the committee's decision was unsustainable as it did not consider the contemporaneous documents and affidavits submitted by the petitioner. The court held that the committee's failure to consider relevant material rendered its decision perverse. Consequently, the court quashed the committee's decision and directed the committee to reconsider the petitioner's claim afresh, taking into account all the documents and affidavits. The petition was allowed with no order as to costs.
Headnote
A) Constitution of India - Article 226 - Judicial Review - Scheduled Tribe Certificate Scrutiny - The High Court can interfere with a Scrutiny Committee's decision if it is perverse or based on non-consideration of relevant material. The court held that the committee's decision invalidating the petitioner's Thakur Scheduled Tribe claim was unsustainable as it failed to consider school records and affidavits of relatives showing 'Thakur' as a Scheduled Tribe. (Paras 1-10) B) Scheduled Tribe Certificate - Verification - Contemporaneous Documents - School records and affidavits of relatives are relevant and contemporaneous evidence for establishing tribe claim. The court held that the committee's rejection of such documents without proper reasoning was erroneous. (Paras 5-10) C) Scheduled Tribe Certificate - Burden of Proof - The initial burden is on the claimant to produce evidence, but the committee must consider all evidence fairly. The court held that the committee's failure to consider the petitioner's documents and affidavits vitiated its decision. (Paras 5-10)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee's decision invalidating the petitioner's Thakur Scheduled Tribe claim was sustainable in law, given the committee's failure to consider relevant documents and affidavits.
Final Decision
The petition is allowed. The impugned decision dated 11.04.2018 of the Respondent No. 2 - Scheduled Tribe Certificate Scrutiny Committee, Aurangabad is quashed and set aside. The committee is directed to reconsider the petitioner's claim afresh, taking into consideration all the documents and affidavits submitted by the petitioner. Rule made absolute. No order as to costs.
Law Points
- Judicial review under Article 226
- Scheduled Tribe certificate verification
- consideration of contemporaneous documents
- validity of caste claim
- burden of proof in tribe claims
