Case Note & Summary
The petitioner, Suraj Sandekar, challenged the order of the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, which invalidated his claim for 'Mana' Scheduled Tribe status. The Committee found that in the school admission register of the petitioner's grandfather, Madhukar Sampat Sandekar, dated 10-3-1950, the name 'Fagu' was scored out and 'Madhukar' written, and the caste 'Kunbi' was scored out and 'Mana' written. The police vigilance cell report confirmed these alterations but did not attribute them to the petitioner or his relatives. The Committee also held that the petitioner failed the affinity test and did not produce any document showing 'Mana' caste of blood relatives prior to 1950. The petitioner produced 21 documents from 1980 to 2018 showing 'Mana' caste. The High Court observed that mere scoring out and correction in different ink and handwriting is insufficient to infer tampering by the petitioner, especially since no finding was recorded that the petitioner or his blood relatives were responsible. The Court allowed the petition, quashed the Committee's order, and directed the Committee to issue the caste certificate to the petitioner.
Headnote
A) Scheduled Tribes - Caste Certificate Scrutiny - Validity of Old School Records - The Scrutiny Committee rejected the petitioner's claim for 'Mana' Scheduled Tribe based on alleged tampering in a 1950 school entry where name 'Fagu' was scored out and 'Madhukar' written, and caste 'Kunbi' scored out and 'Mana' written. The Court held that mere scoring out and correction in different ink and handwriting is not enough to infer tampering by the petitioner, especially when no finding was recorded that the petitioner or his blood relatives were instrumental in the tampering. (Paras 2-4) B) Scheduled Tribes - Affinity Test - Requirement of Prior Documents - The Committee held that the petitioner failed the affinity test and did not produce any document showing 'Mana' caste of blood relatives prior to 1950. The Court noted that the petitioner produced 21 documents from 1980 to 2018 showing 'Mana' caste, and the only pre-1950 document was the 1950 school entry of his grandfather. The Court did not specifically rule on the affinity test but allowed the petition on the tampering issue. (Paras 2-3)
Issue of Consideration
Whether the Scrutiny Committee's rejection of the petitioner's claim for 'Mana' Scheduled Tribe certificate based on alleged tampering in a 1950 school entry and failure of affinity test is sustainable.
Final Decision
The petition is allowed. The impugned order dated 27-2-2019 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur is quashed and set aside. The Committee is directed to issue the caste certificate to the petitioner as belonging to 'Mana' Scheduled Tribe within four weeks.
Law Points
- Burden of proof in caste claims
- validity of old school records
- tampering inference
- affinity test
