Case Note & Summary
The petitioner, Chetan Prabhakar Rajwade, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 13th April 2018 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nasik Division, which invalidated his caste certificate certifying him as belonging to the Thakur Scheduled Tribe. The petitioner claimed that he was born into the Thakur tribe, recognized as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order 1950, and had been issued a caste certificate on 9th June 1992 by the Tahsildar and Executive Magistrate, Kalvan. He submitted his certificate for verification to the Scrutiny Committee, which after inquiry passed the impugned order invalidating his claim. The petitioner contended that the Committee failed to consider relevant documents, including school records of his father, uncle, and himself, as well as affidavits of relatives, which were contemporaneous evidence supporting his claim. The respondents argued that the Committee had conducted a thorough inquiry and found the claim not genuine. The court, after hearing the parties, observed that the Committee had not considered the school records of the petitioner's father and uncle, which were from 1965 and 1967 respectively, and the petitioner's own school record from 1992, all showing the caste as Thakur. The court also noted that the affidavits of relatives were not considered. The court held that the Committee's failure to consider these relevant documents and affidavits vitiated the order. The court set aside the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing the Committee to consider all documents and affidavits and pass a reasoned order after giving an opportunity of hearing to the petitioner. The petition was allowed.
Headnote
A) Constitution of India - Scheduled Tribe Certificate - Validity of Caste Claim - The petitioner challenged the order of the Scrutiny Committee invalidating his Thakur tribe certificate. The court held that the Committee failed to consider relevant documents including school records of the petitioner and his relatives, and affidavits of relatives, which were contemporaneous evidence supporting the claim. The order was quashed and the matter remitted for fresh consideration. (Paras 1-10) B) Natural Justice - Scheduled Tribe Certificate Scrutiny - Consideration of Evidence - The court held that the Scrutiny Committee must consider all relevant documents and affidavits submitted by the claimant. Failure to do so amounts to violation of principles of natural justice. The Committee's order was set aside and the matter was remanded for fresh decision after giving opportunity of hearing. (Paras 8-10)
Issue of Consideration
Whether the impugned order dated 13th April, 2018 passed by the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste claim as belonging to Thakur Scheduled Tribe is sustainable in law.
Final Decision
The impugned judgment and order dated 13th April 2018 passed by the Respondent No. 2 – Scheduled Tribe Certificate Scrutiny Committee, Nasik Division, Nasik is quashed and set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration. The Committee shall consider all documents and affidavits submitted by the petitioner and pass a reasoned order after giving an opportunity of hearing to the petitioner. The petition is allowed. Rule made absolute accordingly.
Law Points
- Natural justice
- Scheduled Tribe certificate verification
- burden of proof
- consideration of contemporaneous documents
- validity of caste claim
- Thakur tribe
- Constitution (Scheduled Tribes) Order 1950
- Article 226
