Case Note & Summary
The petitioners, a daughter, father, and son, filed two writ petitions challenging the common order dated 04.08.2017 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati, which invalidated their claim for a validity certificate as 'Thakur' Scheduled Tribe. The Committee relied on two entries in the name of Lakkya Tukaram, cousin grandfather of the petitioner Ku. Pallavi, recording caste as 'Bhat' on 05.08.1930 and 16.12.1930, and also applied the affinity test as per the Full Bench decision in Shilpa Vishnu Thakur v. State of Maharashtra. The petitioners had produced before the Committee five documents indicating caste as 'Thakur' in relation to blood relatives prior to 1950, including a birth register extract of Tukaram (father of Lakkya Tukaram) dated 22.09.1918 showing 'Thakur', and an entry in the name of Zama, great grandfather of Ku. Pallavi, also showing 'Thakur'. Out of total 41 documents, all others showed 'Thakur'. The High Court held that the Committee erred in ignoring these pre-1950 documents which have high probative value. The court observed that the affinity test cannot override clear documentary evidence, and the Committee's reliance on two stray entries of 'Bhat' was insufficient to disbelieve the consistent documentary evidence. The court allowed the petitions, quashed the Committee's order, and directed the Committee to issue validity certificates to the petitioners within four weeks.
Headnote
A) Caste Validity - Scheduled Tribe Certificate - Thakur Tribe - Pre-1950 Documents - The Scrutiny Committee invalidated the caste claim relying on two entries of 'Bhat' in the name of a cousin grandfather and the affinity test. The High Court held that the Committee erred in ignoring five pre-1950 documents showing 'Thakur' entry in the names of blood relatives, including a birth register extract of 1918. The court emphasized that pre-1950 documents have high probative value and cannot be discarded solely on the basis of affinity test or stray entries. (Paras 3-5) B) Caste Validity - Affinity Test - Probative Value - The court held that the affinity test cannot override documentary evidence of caste, especially when multiple pre-1950 documents consistently show the claimed caste. The Committee's reliance on the Full Bench decision in Shilpa Vishnu Thakur was misplaced as the facts were distinguishable. (Para 3-5)
Issue of Consideration
Whether the Scrutiny Committee was justified in invalidating the caste claim of the petitioners as 'Thakur' Scheduled Tribe based on two entries of 'Bhat' in the name of a cousin grandfather, ignoring multiple pre-1950 documents showing 'Thakur' entry.
Final Decision
The court allowed the petitions, quashed the Committee's order dated 04.08.2017, and directed the Committee to issue validity certificates to the petitioners within four weeks.
Law Points
- Caste validity
- affinity test
- pre-1950 documents
- probative value
- Scheduled Tribe Certificate Scrutiny Committee
