Case Note & Summary
The petitioners, minor children through their father Satish Deore, filed a writ petition challenging the rejection of their applications for Scheduled Tribe certificates by the Competent Authority (Deputy Collector, SETU) on 6.5.2010 and the subsequent dismissal of their appeal by the Scheduled Tribe Certificate Scrutiny Committee on 30.8.2012. The petitioners claimed to belong to the 'Tokre' community, which is a sub-tribe of 'Thakur' Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950. The Competent Authority rejected their claim on the ground that 'Tokre' is not a Scheduled Tribe, and the Scrutiny Committee upheld this rejection without proper consideration of the evidence. The court observed that the Scrutiny Committee failed to conduct a proper affinity test and ignored documentary evidence such as school records and revenue entries showing 'Tokre' caste. The court held that 'Tokre' is indeed a sub-tribe of 'Thakur' and that the authorities must verify the claim based on affinity and documentary evidence. The court quashed the orders of the Competent Authority and the Scrutiny Committee and directed the Scrutiny Committee to reconsider the matter afresh, after giving an opportunity of hearing to the petitioners and considering all relevant evidence. The writ petition was allowed with no order as to costs.
Headnote
A) Scheduled Tribes - Caste Certificate - Tokre Community - The petitioners claimed to belong to the 'Tokre' community, which is a sub-tribe of 'Thakur' Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950. The Competent Authority and Scrutiny Committee rejected their claim without proper verification of affinity and documentary evidence. Held that the Scrutiny Committee must consider all relevant evidence including affinity test and documentary proof before rejecting a claim (Paras 1-5). B) Scheduled Tribes - Scrutiny Committee - Affinity Test - The Scrutiny Committee failed to conduct a proper affinity test and ignored documentary evidence such as school records and revenue entries showing 'Tokre' caste. Held that the Committee's order was unsustainable as it did not apply its mind to the evidence (Paras 3-5). C) Scheduled Tribes - Constitution (Scheduled Tribes) Order, 1950 - 'Tokre' as Sub-Tribe - The court noted that 'Tokre' is recognized as a sub-tribe of 'Thakur' in the Scheduled Tribes Order. The rejection by the authorities was based on a misunderstanding that 'Tokre' is not a Scheduled Tribe. Held that the authorities must recognize 'Tokre' as a Scheduled Tribe and verify the claim accordingly (Paras 2-5).
Issue of Consideration
Whether the petitioners, claiming to belong to the 'Tokre' community, are entitled to be recognized as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order, 1950, and whether the rejection of their caste certificate by the Competent Authority and the Scrutiny Committee was proper.
Final Decision
The writ petition is allowed. The orders dated 6.5.2010 passed by the Competent Authority (Deputy Collector, SETU) and the order dated 30.8.2012 passed by the Scheduled Tribe Certificate Scrutiny Committee are quashed and set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration, after giving an opportunity of hearing to the petitioners and considering all relevant evidence including affinity test and documentary proof. No order as to costs.
Law Points
- Scheduled Tribe certificate
- Tokre community
- Thakur tribe
- affinity test
- documentary evidence
- Constitution (Scheduled Tribes) Order 1950
- validity of caste certificate
- scrutiny committee
- natural justice
