Case Note & Summary
The petitioner, Sachinkumar Vasantrao Wankhede, a lecturer by occupation, filed a writ petition before the Bombay High Court challenging an order dated 30th September 2011 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, which invalidated his caste certificate claiming 'Thakur' (Scheduled Tribe). The petitioner had obtained a caste certificate from the Executive Magistrate, Dhule, on 10th October 1994, certifying him as belonging to the 'Thakur' Scheduled Tribe. Subsequently, when his caste claim was referred to the Scrutiny Committee for verification, the Committee issued a show-cause notice and after hearing the petitioner, passed the impugned order invalidating the certificate. The petitioner contended that the Committee failed to consider relevant documents such as his school leaving certificate, which recorded his caste as 'Thakur', and affidavits from his uncle and other relatives. The respondents, including the State of Maharashtra and the Scrutiny Committee, defended the order. The Court analyzed the Committee's order and found that it had not considered the school record and other documentary evidence properly. The Court noted that the Committee had relied on vague objections and had not given due weight to the affidavits of relatives. The Court held that the Committee's order suffered from non-application of mind and was based on irrelevant considerations. Consequently, the Court quashed the impugned order and directed the Committee to reconsider the petitioner's caste claim afresh, after giving him an opportunity of hearing, and to pass a reasoned order within three months. The petition was allowed.
Headnote
A) Service Law - Caste Scrutiny - Validity of Scheduled Tribe Certificate - The petitioner, a lecturer, challenged the order of the Scrutiny Committee invalidating his caste certificate as 'Thakur' (Scheduled Tribe). The Court held that the Committee failed to consider relevant documents including school records and affidavits of relatives, and its order was based on irrelevant considerations and non-application of mind. (Paras 1-10) B) Evidence - Affidavit of Relatives - Relevance in Caste Claims - The Court held that affidavits of close relatives, such as the petitioner's uncle, are relevant and cannot be discarded without valid reasons. The Committee's rejection of such affidavits was improper. (Paras 5-8) C) Caste Certificate - Scrutiny Committee - Duty to Consider All Documents - The Court held that the Scrutiny Committee must consider all documents on record, including school leaving certificates and revenue records, and cannot base its decision solely on the affinity test or vague objections. (Paras 6-9)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's caste certificate claiming 'Thakur' (Scheduled Tribe) based on the grounds stated in its order.
Final Decision
The writ petition is allowed. The impugned order dated 30th September 2011 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, is quashed and set aside. The matter is remitted back to the Committee for fresh consideration, after giving an opportunity of hearing to the petitioner, and to pass a reasoned order within three months.
Law Points
- Caste Scrutiny Committee must consider all relevant documents and cannot reject claim solely on ground of affinity test
- Validity of caste certificate cannot be denied based on vague objections
- Affidavits of close relatives are relevant evidence for caste claim
