Case Note & Summary
The petitioner, Prathamesh S/o Vikram Banne, challenged the order dated 16.02.2024 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, which invalidated his caste claim as 'Mannewar' Scheduled Tribe (Sr. No. 18 of the Constitution (Scheduled Tribe) Order, 1950) and confiscated/cancelled the caste certificate issued by the Sub-Divisional Officer, Akola on 16.07.2019. The petitioner had cleared his 12th class examination from Khandelwal Gyan Mandir Junior College of Science and Commerce, Akola, and his caste claim was forwarded by the Principal to the Committee on 10.12.2019. In support of his claim, the petitioner submitted pre-constitutional documents including a Transfer Certificate of Ratanbabu Bijanna Aatmaram dated 16.10.1942 showing caste as 'Mannewar', a Birth Certificate of Ratanbabu Bijanna dated 30.10.1936 showing caste as 'Mannewar', a Dakhal Kharij Extract of Madhukar Laxman Banne dated 07.06.1939 showing caste as 'Telgu Mannewar', and a Birth extract of Bhudevi Shivanna dated 05.06.1936 showing caste as 'Mannewar'. Since the Committee did not decide the claim within a reasonable period, the petitioner filed Writ Petition No. 2501/2020, which was disposed of with a direction to the Committee to decide the claim within a stipulated time. The Committee then passed the impugned order invalidating the claim. The High Court noted that the Committee failed to consider the pre-constitutional documents and the affidavits of relatives, which were crucial evidence. The Court held that the order was passed in violation of principles of natural justice and was unsustainable. The impugned order was quashed and set aside, and the matter was remitted back to the Committee for fresh consideration, directing the petitioner to appear before the Committee on 11.11.2024. The Committee was directed to decide the claim afresh within three months from the date of appearance, after giving an opportunity of hearing to the petitioner.
Headnote
A) Scheduled Tribes - Caste Certificate Scrutiny - Validity of Order - The Scrutiny Committee invalidated the petitioner's caste claim as 'Mannewar' Scheduled Tribe without considering pre-constitutional documents and affidavits of relatives - The High Court held that the Committee's order was passed in violation of principles of natural justice as it failed to appreciate material evidence - The impugned order was quashed and the matter remitted back for fresh consideration (Paras 1-6).
Issue of Consideration
Whether the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste claim as 'Mannewar' Scheduled Tribe is sustainable when the Committee failed to consider pre-constitutional documents and affidavits of relatives.
Final Decision
The impugned order dated 16.02.2024 passed by the Respondent No. 1 Committee is quashed and set aside. The matter is remitted back to the Committee for fresh consideration. The petitioner is directed to appear before the Committee on 11.11.2024. The Committee shall decide the caste claim of the petitioner afresh within three months from the date of appearance, after giving an opportunity of hearing to the petitioner.
Law Points
- Scheduled Tribe Certificate Scrutiny Committee must consider all relevant documents including pre-constitutional records and affidavits of relatives
- Failure to consider material evidence amounts to violation of principles of natural justice
- Order invalidating caste claim without proper appreciation of evidence is unsustainable
