Case Note & Summary
The petitioner, Samadhan Suryakant Akoskar, filed a writ petition before the Bombay High Court challenging an order dated 31.10.2012 passed by the Scheduled Certificate Scrutiny Committee, Aurangabad Division, which invalidated his tribe certificate claiming to belong to the Koli Mahadev tribe. The petitioner had applied to the Sub-Divisional Officer (respondent no.3) for issuance of a tribe certificate, and his claim was that he belongs to the Koli Mahadev tribe. The Scrutiny Committee, after conducting an inquiry, passed the impugned order invalidating the certificate. The petitioner contended that the Committee did not consider the relevant documents and affidavits submitted by him, including school records, an affinity test, and affidavits from relatives. The learned counsel for the petitioner argued that the Committee's order was passed without proper application of mind and without considering the material on record. The learned AGP for respondent nos.1 and 3 and the learned advocate for respondent no.2 supported the Committee's order. The Court, after hearing the parties, found that the Committee had indeed failed to consider the relevant documents and affidavits placed on record by the petitioner. The Court held that the order of the Committee was unsustainable and liable to be set aside. Consequently, the Court allowed the writ petition, quashed the impugned order, and remanded the matter back to the Scrutiny Committee for fresh consideration. The Committee was directed to decide the matter afresh after giving an opportunity of hearing to the petitioner and after considering all the documents and affidavits on record. The Court also directed that the fresh decision be taken within a period of three months from the date of the order.
Headnote
A) Caste Scrutiny - Validity of Tribe Certificate - Consideration of Evidence - The Scrutiny Committee must consider all relevant documents and affidavits placed on record; failure to do so vitiates the order. The petitioner claimed to belong to Koli Mahadev tribe and submitted school records, affinity test, and affidavits. The Committee invalidated the certificate without considering these materials. Held that the order is unsustainable and set aside. (Paras 3-5) B) Caste Scrutiny - Remand - Opportunity of Hearing - When the Committee fails to consider relevant evidence, the matter should be remanded for fresh consideration with opportunity to the petitioner to be heard. The Court directed the Committee to decide afresh after considering all documents and affidavits. (Para 5)
Issue of Consideration
Whether the order of the Scheduled Certificate Scrutiny Committee invalidating the petitioner's tribe certificate is sustainable when the Committee failed to consider relevant documents and affidavits submitted by the petitioner.
Final Decision
The writ petition is allowed. The impugned order dated 31.10.2012 passed by the Scheduled Certificate Scrutiny Committee, Aurangabad Division, is quashed and set aside. The matter is remanded back to the Scrutiny Committee for fresh consideration. The Committee shall decide the matter afresh after giving an opportunity of hearing to the petitioner and after considering all the documents and affidavits on record. The fresh decision shall be taken within a period of three months from the date of the order.
Law Points
- Caste Scrutiny Committee must consider all relevant documents and affidavits
- Failure to consider material evidence renders order invalid
- Natural justice requires consideration of evidence
