Case Note & Summary
The judgment involves five writ petitions filed by individuals whose Scheduled Tribe (ST) certificates claiming to belong to the 'Thakur' tribe were invalidated by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division. The petitioners had obtained employment in the police department based on these certificates. The court examined the validity of the committee's orders and the legal principles governing caste certificate verification. The court held that the burden of proof lies on the claimant to establish tribal status through valid documents, and the committee's decision was based on a thorough inquiry. The court dismissed the petitions, upholding the invalidation of the certificates and the consequential termination of services, but directed that no recovery of salary already paid be made.
Headnote
A) Caste Certificate - Scheduled Tribe - Validity - Burden of Proof - The burden lies on the claimant to prove that he belongs to a Scheduled Tribe by producing valid documents such as pre-constitutional records, school leaving certificates of ancestors, and other contemporaneous evidence. Mere possession of a caste certificate issued by a revenue officer is not conclusive. (Paras 1-10) B) Caste Certificate - Scrutiny Committee - Powers - The Scrutiny Committee has the power to conduct a thorough inquiry and invalidate a caste certificate if it finds that the claimant does not belong to the notified tribe. The committee's decision is based on an evaluation of documentary and oral evidence. (Paras 11-20) C) Caste Certificate - Employment - Consequences of Invalidity - If a caste certificate is invalidated, the employee is liable to be removed from service and any benefits obtained on the basis of the invalid certificate are liable to be withdrawn. However, the court may consider the length of service and other equities before ordering recovery. (Paras 21-30)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the caste certificates of the petitioners claiming to belong to the 'Thakur' Scheduled Tribe, and whether the petitioners are entitled to retain the benefits obtained on the basis of such certificates.
Final Decision
The court dismissed all five writ petitions, upholding the orders of the Scrutiny Committee invalidating the caste certificates. The court directed that the petitioners' services be terminated, but no recovery of salary already paid shall be made.
Law Points
- Caste certificate scrutiny
- Scheduled Tribe validation
- burden of proof on claimant
- validity of caste certificates for employment
- Maharashtra Scheduled Castes
- Scheduled Tribes
- De-notified Tribes
- (Vimukta Jatis)
- Nomadic Tribes
- Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act
- 2000
