Case Note & Summary
The petitioner, Uday Baburao Yesardekar, claimed to belong to the Thakar Tribe, which is recognized as a Scheduled Tribe under Article 342 of the Constitution of India. He obtained a caste certificate from Respondent No.1 on 27th July 1992 after a detailed enquiry. Subsequently, he applied for the post of Clerk in the Zilla Parishad and the District Court, and was selected by the District Court, posting him as Clerk at Gargoti Civil Court on 19th August 1996. His caste certificate was referred to the Scrutiny Committee (Respondent No.2) for verification. The petitioner submitted relevant documents, and an enquiry was conducted through the Vigilance Cell. The Committee initially rejected his claim, leading the petitioner to file Writ Petition No.366 of 1997, which was allowed and remanded with directions to afford an opportunity of hearing. The Committee then provided a copy of the Vigilance report, the petitioner filed a reply, and after considering the material, the Committee again rejected the claim, holding that the petitioner belongs to Bhat Thakar Tribe, not Thakar Scheduled Tribe. Aggrieved, the petitioner filed the present writ petition. The High Court examined the material and found that the Committee had properly appreciated the evidence, including the vigilance report and documents, and concluded that the petitioner failed to prove his Scheduled Tribe status. The court held that in writ jurisdiction, it would not re-appreciate evidence unless the decision is perverse, and dismissed the petition.
Headnote
A) Scheduled Tribes - Caste Certificate - Burden of Proof - Article 342 of the Constitution of India - The petitioner claimed to belong to Thakar Scheduled Tribe. The Scrutiny Committee, after considering vigilance report and documents, found that the petitioner belongs to Bhat Thakar, a sub-caste not included in the Presidential Order. The High Court held that the burden is on the claimant to prove his tribe status and that the Committee's decision was based on proper appreciation of evidence. (Paras 1-3) B) Writ Jurisdiction - Scope of Interference - Caste Scrutiny Committee - The High Court in writ jurisdiction will not re-appreciate evidence unless the decision is perverse or based on no evidence. The Committee had given opportunity of hearing and considered all material, hence no interference warranted. (Paras 2-3)
Issue of Consideration
Whether the petitioner belongs to Thakar Scheduled Tribe as recognized under Article 342 of the Constitution of India, and whether the Caste Scrutiny Committee's rejection of his claim is sustainable in law.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Caste Scrutiny Committee rejecting the petitioner's claim of belonging to Thakar Scheduled Tribe.
Law Points
- Burden of proof lies on claimant to establish Scheduled Tribe status
- Caste Scrutiny Committee's findings based on documentary and vigilance report evidence are not to be lightly interfered with in writ jurisdiction
- Sub-castes not included in the Presidential Order cannot claim Scheduled Tribe status
