Case Note & Summary
The petitioner, Mayuri Jagannatha Pandhare, a student seeking admission to a health science course for the academic year 2020-2021 under the Scheduled Tribe category, had obtained a caste certificate of 'Koli Mahadev - Scheduled Tribe' from the Sub Divisional Officer, Nilanga. The certificate was referred to the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad (respondent No. 2) for validation. The petitioner submitted documentary evidence, including a caste validity certificate issued in favor of her uncle, and filed a reply to a show cause notice. The Committee conducted a vigilance enquiry and, by order dated 21.11.2020, invalidated the petitioner's tribe claim. Aggrieved, the petitioner filed a writ petition under Article 226 of the Constitution of India. The petitioner contended that the Committee ignored nine caste validity certificates granted to her blood relatives, which had been issued after due consideration of all relevant records. The Committee, however, stated that those certificates were obtained by suppressing the fact that the tribe claim of one Angad had been invalidated. The High Court held that the Committee's approach was erroneous. The court observed that the caste validity certificates of close relatives are relevant and must be given due weight. The Committee could not disregard them based on a vague allegation of suppression without any evidence. The court set aside the impugned order and remitted the matter to the Committee for fresh consideration, directing the Committee to consider the validity certificates of the petitioner's relatives and pass a reasoned order within four weeks. The petition was allowed.
Headnote
A) Caste Certificate - Validity - Consideration of Relatives' Certificates - The Committee invalidated the petitioner's tribe claim ignoring nine caste validity certificates of her blood relatives, including her uncle, on the ground that those certificates were obtained by suppressing the fact that another relative's claim was invalidated. Held that the Committee ought to have given due weight to the validity certificates of close relatives and could not disregard them without proper justification. (Paras 1-10) B) Caste Certificate - Scrutiny - Burden of Proof - Once the petitioner produced caste validity certificates of her blood relatives, the burden shifted to the Committee to show why those certificates should not be relied upon. The Committee's vague allegation of suppression without evidence was insufficient to discard the certificates. (Paras 5-10) C) Caste Certificate - Judicial Review - Writ Jurisdiction - The High Court under Article 226 of the Constitution of India can interfere when the Committee's order is arbitrary and ignores relevant material. The impugned order was set aside and the matter remitted for fresh consideration. (Paras 1, 10)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's caste claim as 'Koli Mahadev - Scheduled Tribe' despite the existence of multiple caste validity certificates issued in favor of her blood relatives.
Final Decision
The impugned order dated 21.11.2020 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad is quashed and set aside. The matter is remitted back to the Committee for fresh consideration. The Committee shall consider the caste validity certificates of the petitioner's relatives and pass a reasoned order within four weeks from the date of receipt of the order. The petition is allowed. Rule made absolute.
Law Points
- Caste validity certificates of blood relatives are relevant and must be considered
- Committee cannot ignore them based on unsubstantiated allegations of suppression
- burden of proof shifts once validity certificates of close relatives are produced
