Case Note & Summary
The petitioner, Kumari Kavita Baliram Wagh, filed a writ petition challenging the decision dated 14-10-2009 of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, which invalidated her claim of belonging to the 'Thakur-Scheduled Tribe'. The petitioner had applied for a tribe certificate to the Sub Divisional Officer, Dhule, who issued a certificate. However, the Scrutiny Committee, upon verification, invalidated the certificate. The petitioner contended that the committee ignored pre-constitutional documents and other evidence supporting her claim, and relied solely on an affinity test which was not conclusive. The court held that the Scrutiny Committee must consider all relevant documents, including pre-constitutional records, and cannot reject a claim solely on the basis of an affinity test. The court also noted that the committee failed to provide the petitioner an opportunity to explain the adverse material. The petition was allowed, the impugned order was quashed, and the matter was remitted back to the committee for fresh consideration in accordance with law.
Headnote
A) Scheduled Tribes - Certificate Scrutiny - Validity of Tribe Claim - The Scrutiny Committee must consider all relevant documents including pre-constitutional records and cannot reject a claim solely on the basis of an affinity test without giving due weight to documentary evidence. Held that the committee's decision was unsustainable as it failed to consider the petitioner's pre-constitutional documents and the affinity test report was not conclusive. (Paras 3-5) B) Scheduled Tribes - Affinity Test - Evidentiary Value - The affinity test is not the sole determinant of tribal status; it must be weighed along with other evidence such as school records, revenue records, and pre-constitutional documents. Held that the committee erred in relying solely on the affinity test to invalidate the certificate. (Paras 4-5) C) Scheduled Tribes - Natural Justice - Opportunity of Hearing - The Scrutiny Committee must provide an opportunity to the claimant to explain any adverse material before passing an order invalidating the certificate. Held that the committee failed to give the petitioner a fair hearing. (Para 5)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's Thakur Scheduled Tribe certificate based on the affinity test and ignoring pre-constitutional documents.
Final Decision
The writ petition is allowed. The impugned order dated 14-10-2009 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar is quashed and set aside. The matter is remitted back to the committee for fresh consideration in accordance with law, after giving an opportunity of hearing to the petitioner.
Law Points
- Scheduled Tribe certificate
- validity of scrutiny committee decision
- consideration of pre-constitutional documents
- affinity test
- burden of proof
- natural justice
