Case Note & Summary
The petitioner, Subodh Digambar Donge, filed a writ petition challenging the order dated 9 July 2019 of the Scheduled Tribe Certificate Scrutiny Committee, Amravati, which rejected his claim to belong to the Thakur tribe, a notified Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950. The petitioner had been issued a caste certificate on 5 November 2016 by the competent authority certifying him as Thakur. Based on this certificate, he took admission in a Diploma in Engineering course at D.M. Polytechnic College in the reserved category. The college forwarded his caste certificate to the Scrutiny Committee for verification on 3 November 2013. The Committee, after inquiry, rejected the claim, leading to the present petition. The petitioner argued that the Committee failed to consider relevant documents, including the school record of his father and the caste certificate of his uncle, which supported his claim. The State respondents defended the Committee's order, contending that the documents were insufficient. The High Court, after hearing both sides, found that the Committee had not properly considered the material evidence and had applied incorrect standards. The Court held that the Committee's order was unsustainable and directed the Committee to reconsider the petitioner's claim afresh, after giving him an opportunity of hearing and considering all relevant documents. The petition was allowed, and the impugned order was quashed and set aside.
Headnote
A) Caste Certificate - Scheduled Tribe - Thakur Tribe - Validity of Scrutiny Committee's Order - The petitioner claimed to belong to Thakur tribe, a notified Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950. The Scrutiny Committee rejected the claim based on alleged inconsistencies in documents. The High Court held that the Committee failed to consider crucial documents like the school record of the petitioner's father and the caste certificate of the petitioner's uncle, which were relevant. The Court directed the Committee to reconsider the claim afresh after giving the petitioner an opportunity of hearing. (Paras 1-10) B) Caste Certificate - Scheduled Tribe - Scrutiny Committee - Duty to Consider All Evidence - The Scrutiny Committee must consider all relevant documents and not rely solely on isolated discrepancies. The Court emphasized that the Committee should apply a holistic approach and not reject a claim based on minor inconsistencies without proper justification. (Paras 5-9) C) Caste Certificate - Scheduled Tribe - Burden of Proof - The initial burden is on the claimant to prove his caste, but once prima facie evidence is produced, the Committee must examine it fairly. The Court found that the petitioner had produced sufficient documents, including school records and certificates of relatives, which the Committee overlooked. (Paras 4-8)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee's order rejecting the petitioner's caste claim as Thakur (Scheduled Tribe) is sustainable in law.
Final Decision
The petition is allowed. The impugned order dated 09/07/2019 passed by respondent No.2 is quashed and set aside. The matter is remitted back to respondent No.2 for fresh consideration, after giving an opportunity of hearing to the petitioner and considering all relevant documents.
Law Points
- Caste claim validation
- Scheduled Tribe certificate
- Scrutiny Committee's duty to consider all relevant documents
- burden of proof in caste claims
- principles of natural justice
