Case Note & Summary
The matter arose from two writ petitions before the Bombay High Court, Aurangabad Bench, challenging orders of the Scheduled Tribe Certificate Scrutiny Committee which rejected the petitioners' claims of belonging to the Thakur Scheduled Tribe. The Scrutiny Committee had rejected the claims on the grounds that mere old entries in school records showing Thakur caste were irrelevant and that the petitioners had failed to prove that they or their ancestors had migrated from the 25 Tahsils of five districts specified in the earlier Presidential Order before the removal of area restriction by the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976. The Committee held that the 1976 amendment did not automatically entitle any person to claim Thakur Scheduled Tribe status; a person must still establish migration from the previously restricted areas. The Court clubbed the petitions, allowed an intervention application by Adivasi Mahasang, and appointed an Amicus Curiae. The Court noted that a common question of law had arisen regarding the permissibility of inquiring into migration after the area restriction was removed. The petitioners argued that the 1976 amendment prohibits any inquiry into migration from earlier specified areas. The Scrutiny Committee contended that such an inquiry remains a valid test to determine tribal status. The Amicus Curiae requested the Court to enlarge the scope and direct the Government to appoint a new Commission for revision of Scheduled Tribe lists. The Court, however, limited its consideration to the common question involved. The judgment traces the legislative history of area restriction for Thakur Scheduled Tribe from the 1950 Presidential Order, the 1956 amendment specifying areas, to the 1976 amendment removing the restriction. The Court observed that false caste claims have increased due to constitutional benefits. The judgment was reserved on 5th January 2012 and pronounced on 28th March 2012.
Issue of Consideration
Whether after removal of area restriction by the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976, it is permissible for the Scrutiny Committee to insist on proof of migration from the earlier specified areas to claim Thakur Scheduled Tribe status.
