Case Note & Summary
The petitioner, Vilas Dinkar Bhat, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30/01/2020 passed by the Scheduled Tribe Scrutiny Committee, Pune Division, which rejected his claim of belonging to the Thakar tribe (Scheduled Tribe). The petitioner sought a declaration that he belongs to the Thakar tribe. The petitioner's grandfather, Balbhim Sakharam Thakar, originally resided in village Chibhale, Taluka Shrigonda, District Ahmednagar, but left in 1923-24 due to a plague epidemic and shifted to village Magarwadi, Taluka Pandharpur, District Solapur, where the family continued to reside. The petitioner was appointed as Talathi in 1980 against an open category post, but his claim was referred to the Committee for verification to obtain reservation benefits for promotion. The Committee invalidated his claim on 26/10/1995. The petitioner challenged this order in Writ Petition No.7518 of 2002, which was rejected on 12/07/2004, and a Review Petition was dismissed on 11/12/2006. The petitioner then filed Civil Appeal No.2095 of 2007 before the Supreme Court, which set aside the Committee's order and the High Court's orders and remanded the matter to the Committee for fresh disposal within six months, specifically observing that the Committee had not considered all documents relied upon by the petitioner. On remand, the Committee again invalidated the claim by the impugned order. The petitioner argued that the Committee failed to comply with the Supreme Court's directions and did not consider all documents. The State's counsel argued that the Committee had considered all documents and the order was proper. The High Court examined the impugned order and found that the Committee had not considered all documents, particularly the old documents from 1923-24 and other records, and had not followed the Supreme Court's directions. The Court held that the impugned order was unsustainable and set it aside, remanding the matter to the Committee for fresh consideration within three months, directing the Committee to consider all documents and follow the Supreme Court's observations.
Headnote
A) Caste Scrutiny - Scheduled Tribe Claim - Thakar Tribe - Non-Compliance with Remand Directions - The Scheduled Tribe Scrutiny Committee, Pune Division, invalidated the petitioner's claim of belonging to Thakar tribe. The Supreme Court had remanded the matter directing the Committee to consider all documents relied upon by the petitioner. The Committee failed to comply with these directions and did not consider all documents. Held that the impugned order is unsustainable and set aside, matter remanded for fresh consideration within three months (Paras 1-8).
Issue of Consideration
Whether the Scheduled Tribe Scrutiny Committee's order invalidating the petitioner's Thakar tribe claim is sustainable when it failed to consider all documents as directed by the Supreme Court on remand.
Final Decision
The impugned order dated 30/01/2020 passed by the Scheduled Tribe Scrutiny Committee, Pune Division, is quashed and set aside. The matter is remanded to the Committee for fresh consideration within three months from the date of the order. The Committee is directed to consider all documents on which the petitioner relies and to follow the observations of the Supreme Court in Civil Appeal No.2095 of 2007.
Law Points
- Caste Scrutiny Committee must consider all documents relied upon by claimant
- Non-compliance with Supreme Court remand directions vitiates order
- Article 226 jurisdiction to interfere with invalid caste claim verification orders
