Case Note & Summary
The petitioner, Prashant s/o Nago Badgujar, filed a writ petition challenging the judgment and order dated 18th September 2012 passed by the Caste Scrutiny Committee, which invalidated his Scheduled Tribe (Thakur) certificate. The petitioner had applied for verification of his caste certificate claiming to belong to the Thakur tribe, a Scheduled Tribe. The Scrutiny Committee, after considering the report of the Vigilance Cell and other documents, declared the certificate invalid. The petitioner contended that the Committee did not consider the affinity test and other relevant material submitted by him. The court observed that the Scrutiny Committee must consider the affinity test and other relevant material before invalidating a caste certificate. The court set aside the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing the Committee to consider the affinity test and other documents submitted by the petitioner and pass a reasoned order within three months. The court also directed the petitioner to appear before the Committee on a specified date.
Headnote
A) Caste Certificate - Scheduled Tribe - Validity - The Scrutiny Committee invalidated the petitioner's Thakur tribe certificate without considering the affinity test and other relevant documents - The court held that the Committee must consider all relevant material including the affinity test before declaring a certificate invalid - The impugned order was quashed and the matter remitted back for fresh consideration (Paras 2-6).
Issue of Consideration
Whether the Caste Scrutiny Committee was justified in invalidating the petitioner's Scheduled Tribe (Thakur) certificate without properly considering the affinity test and other relevant material.
Final Decision
The writ petition is allowed. The impugned order dated 18th September 2012 passed by the Caste Scrutiny Committee is quashed and set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration. The Committee shall consider the affinity test and other documents submitted by the petitioner and pass a reasoned order within three months. The petitioner is directed to appear before the Committee on 7th October 2013.
Law Points
- Caste Scrutiny Committee must consider affinity test and other relevant material before invalidating a caste certificate
- The validity of a caste certificate cannot be decided solely on the basis of the Scrutiny Committee's report without considering the petitioner's evidence
- The burden of proof lies on the petitioner to establish his caste claim
- but the Committee must give due weight to the affinity test and other documents.
