Case Note & Summary
The petitioners, Ku. Anushka Rajendra Wankhade (daughter) and Rajendra Pandurangji Wankhade (father), filed two writ petitions challenging the order dated 09/12/2024 passed by the Scheduled Tribe Scrutiny Committee, Yavatmal, which invalidated their caste claim that they belong to the 'Thakur' Scheduled Tribe. The petitioner in WP No.721/2025, Anushka, submitted an application on 20/01/2024 along with 16 documents supporting her claim, including school leaving certificates, caste certificates of relatives, and affidavits. The Scrutiny Committee, however, invalidated the claim on the ground that the affidavits from relatives were not supported by documentary evidence. The petitioners argued that the Committee failed to consider the documents submitted, which included school records and caste certificates of relatives that corroborated the affidavits. The court noted that the Committee's order did not discuss the documents or provide reasons for rejecting them. The court held that the Committee must consider all relevant documents and cannot ignore valid evidence. The court also observed that the Committee's approach was contrary to the principles of natural justice. Consequently, the court quashed the impugned order and remanded the matter back to the Scrutiny Committee for fresh consideration, directing the Committee to consider all documents and affidavits submitted by the petitioners and pass a reasoned order within three months. The court also directed that the petitioners be given an opportunity of hearing.
Headnote
A) Caste Scrutiny - Scheduled Tribe Claim - Validity of Documents - The Scrutiny Committee invalidated the caste claim of the petitioner for 'Thakur' Scheduled Tribe without considering all 16 documents submitted, including school records and affidavits from relatives - Held that the Committee must consider all relevant documents and cannot ignore valid evidence - Order quashed and matter remanded for fresh consideration (Paras 4-8). B) Natural Justice - Affidavit Evidence - The Committee rejected the claim on the ground that affidavits from relatives were not supported by documentary evidence, but the petitioner had submitted documents such as school leaving certificates and caste certificates of relatives - Held that the Committee must examine the documents and provide reasons for rejection - Failure to do so violates principles of natural justice (Paras 5-7).
Issue of Consideration
Whether the Scrutiny Committee's order invalidating the petitioner's caste claim as 'Thakur' Scheduled Tribe was sustainable when it failed to consider valid documents and affidavits submitted by the petitioner.
Final Decision
The impugned order dated 09/12/2024 passed by the Scrutiny Committee is quashed and set aside. The matter is remanded back to the Scrutiny Committee for fresh consideration. The Committee shall consider all documents and affidavits submitted by the petitioners and pass a reasoned order within three months after giving an opportunity of hearing to the petitioners.
Law Points
- Natural Justice
- Caste Scrutiny
- Scheduled Tribe
- Validity of Documents
- Affidavit Evidence
- Remand
