Case Note & Summary
The petitioner, Durgesh Shashidhar Sawale, challenged an order dated 08.12.2021 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, which invalidated his caste claim as belonging to the 'Koli Mahadev' Scheduled Tribe. The petitioner had been issued a caste certificate in Form-C by the Sub Divisional Officer, Shirpur, on 28.05.2021. The proposal for verification was referred to the Scrutiny Committee through his college. The petitioner submitted extensive documentary evidence including a genealogy of his family, a document from 1925, school records of himself and family members, extracts of death registers of paternal relatives, and crucially, a caste validity certificate issued in favour of his real grandfather, Rajdhar Sena Sawale, by the Nashik Caste Scrutiny Committee. Despite this, the Scrutiny Committee directed a vigilance inquiry, and based on the vigilance report, invalidated the petitioner's tribe claim. The petitioner filed a writ petition under Article 226 of the Constitution of India. The court held that the Scrutiny Committee had erred in ignoring the caste validity certificate issued to the petitioner's real grandfather, which was a conclusive proof of the family's tribal status. The court noted that the Scrutiny Committee had not given any cogent reasons to disregard the said certificate. The vigilance report could not override the validity certificate. The court quashed the impugned order and directed the Scrutiny Committee to issue a caste validity certificate to the petitioner within four weeks.
Headnote
A) Scheduled Tribes - Caste Validity Certificate - Binding Nature - Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Act, 2000, Sections 6, 7 - Caste validity certificate issued to real grandfather is conclusive proof of tribal status - Scrutiny Committee cannot disregard such certificate without cogent reasons - Held that the impugned order invalidating the petitioner's caste claim is unsustainable (Paras 5-7). B) Scheduled Tribes - Vigilance Report - Evidentiary Value - Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Act, 2000 - Vigilance report cannot override a caste validity certificate issued to a blood relative - Held that the Scrutiny Committee erred in relying on vigilance report to reject the claim (Para 6).
Issue of Consideration
Whether the Scrutiny Committee can invalidate the caste claim of the petitioner when a caste validity certificate has already been issued in favour of his real grandfather by another Scrutiny Committee.
Final Decision
The impugned order dated 08.12.2021 passed by respondent no.2 – Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division is quashed and set aside. The respondent no.2 is directed to issue caste validity certificate to the petitioner as belonging to 'Koli Mahadev' Scheduled Tribe within four weeks from the date of the order.
Law Points
- Caste validity certificate issued to a blood relative is binding on the Scrutiny Committee
- Scrutiny Committee cannot ignore such certificate without cogent reasons
- Vigilance report cannot override a validity certificate
- Principle of res judicata applies to caste claims
