Case Note & Summary
The petitioner, Parshuram Nagnath Kamale, filed a writ petition before the Bombay High Court challenging an order dated 25 April 2017 passed by the Scheduled Tribe Certificate Scrutiny Committee, Pune Region, which invalidated his claim of belonging to the Koli-Mahadev Scheduled Tribe. The petitioner contended that several close relatives, including his real brother, had already been issued validity certificates recognizing them as belonging to the same tribe, and that the Scrutiny Committee had failed to consider these documents and certificates. The petitioner argued that the Committee had erroneously held that he had not established cultural affinity to the Koli-Mahadev tribe. The High Court noted that on 24 January 2019, after hearing the matter, it had granted two weeks' time to the respondents (State of Maharashtra, Scrutiny Committee, and the Executive Engineer) to file an affidavit in reply, with a clear warning that if no reply was filed, the Court would proceed taking the allegations in the petition as uncontroverted. Despite this, no reply was filed. The learned AGP submitted that the documents could not be traced. The Court found that sufficient opportunity had been given and proceeded to hear the matter on the basis of the uncontroverted allegations. The Court held that the Scrutiny Committee had not taken into consideration the validity certificates issued in favour of the petitioner's close blood relatives, including his real brother, and had simply brushed aside those documents. The Court quashed and set aside the impugned order and directed the Scrutiny Committee to reconsider the petitioner's claim afresh, taking into consideration the validity certificates and documents of the close relatives, and to pass a fresh order within three months. The petition was allowed.
Headnote
A) Scheduled Tribes - Caste Certificate Scrutiny - Validity of Claim - Consideration of Close Relatives' Certificates - The Scrutiny Committee invalidated the petitioner's claim of belonging to Koli-Mahadev Scheduled Tribe despite the existence of validity certificates in favour of close blood relatives including the real brother. The Court held that the Committee ought to have considered those certificates and documents, and the failure to do so rendered the order unsustainable. (Paras 2-6) B) Scheduled Tribes - Caste Certificate Scrutiny - Non-filing of Reply - Adverse Inference - The respondents failed to file an affidavit in reply despite being granted two weeks' time by way of last chance, with a clear warning that allegations would be taken as uncontroverted. The Court proceeded on the basis that the allegations in the petition were uncontroverted. (Paras 4-5)
Issue of Consideration
Whether the Scrutiny Committee was justified in invalidating the petitioner's claim of belonging to Koli-Mahadev Scheduled Tribe without considering the validity certificates issued in favour of close blood relatives including the real brother.
Final Decision
The impugned order dated 25 April 2017 passed by the respondent No.2 Scrutiny Committee is quashed and set aside. The matter is remitted back to the Scrutiny Committee to reconsider the claim of the petitioner afresh, taking into consideration the validity certificates and documents of the close relatives of the petitioner, and to pass a fresh order within three months from the date of the order. Rule is made absolute accordingly.
Law Points
- Scheduled Tribe certificate validity
- consideration of close relatives' certificates
- cultural affinity requirement
- non-filing of reply by state
