Case Note & Summary
The petitioner, Sunil Hiraman Thakur, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12-04-2018 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar (respondent no.2), which invalidated his Scheduled Tribe certificate claiming 'Thakur' tribe. The petitioner had obtained a Scheduled Tribe certificate on 24-08-2000 from the Sub-Divisional Officer, Amalner, certifying that he belongs to the 'Thakur' tribe, recognized as Scheduled Tribe under Sr. No.44 of the Constitution (Scheduled Tribes) Order, 1950. He was appointed as Shikshan Sevak in Sharada Madhyamik School, Kalamsare on 25-07-2004, but his services were terminated on 09-08-2005 for non-submission of a validity certificate. The petitioner applied to the Scrutiny Committee for verification of his tribe claim. The Committee, by the impugned order, invalidated the certificate. The petitioner contended that the Committee did not consider the contemporaneous documents such as school records, revenue entries, and affidavits of his relatives, which supported his claim. The High Court examined the record and found that the Committee had not properly considered these documents. The Court held that the impugned order was unsustainable and set it aside. The matter was remanded to the Scrutiny Committee for fresh consideration, with a direction to give an opportunity of hearing to the petitioner and to consider all relevant documents. The Court also directed that the petitioner's services should not be terminated on the basis of the impugned order until the Committee passes a fresh order.
Headnote
A) Service Law - Scheduled Tribe Certificate Validity - Natural Justice - Consideration of Evidence - The Scrutiny Committee invalidated the petitioner's 'Thakur' Scheduled Tribe certificate without adequately considering the school records, revenue entries, and affidavits of relatives that supported the tribe claim - Held that the Committee failed to apply its mind to the contemporaneous documents and the impugned order was unsustainable (Paras 10-12). B) Service Law - Scheduled Tribe Certificate - Remand - When a Scrutiny Committee passes an order without proper consideration of evidence, the High Court can set aside the order and remand the matter for fresh consideration - Held that the matter be remitted to the Committee for fresh adjudication after giving opportunity of hearing to the petitioner (Paras 13-14).
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 contemporaneous documents and affidavits submitted by the petitioner.
Final Decision
The impugned order dated 12-04-2018 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar is set aside. The matter is remanded to the Scrutiny Committee for fresh consideration. The Committee shall give an opportunity of hearing to the petitioner and consider all relevant documents including the contemporaneous documents and affidavits. The petitioner's services shall not be terminated on the basis of the impugned order until the Committee passes a fresh order. Rule made absolute accordingly.
Law Points
- Natural justice
- Scheduled Tribe certificate validity
- consideration of contemporaneous documents
- affidavit evidence
- remand for fresh consideration
