Case Note & Summary
The petitioner, Kum. Bhumika Ravindra Koli, challenged the order dated 29.11.2020 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which refused to validate her 'Tokre Koli' Scheduled Tribe certificate and directed its confiscation and cancellation. The petitioner had applied for validation of her caste certificate for educational purposes. The Committee relied on a vigilance report that alleged interpolation of pages in the school admission register and the birth and death register maintained at the Tahsil Office, noting that the interpolated pages were in different handwriting and ink. The petitioner argued that these documents were pre-constitutional (from 1930s-1940s) and were in the custody of government offices, and she had no role in their maintenance. The Court observed that the entries describing her forefathers as 'Dhor Koli', 'Koli Dhor', and 'Tokre Koli' were consistent and pre-constitutional. The Court held that the petitioner cannot be attributed malice for alleged interpolation in government records, and the Committee's order was based on suspicion rather than evidence. The Court allowed the petition, quashed the Committee's order, and directed the Committee to validate the petitioner's caste certificate within four weeks. The Court also directed that the petitioner be granted all consequential benefits, including admission to the dental course for which she had applied.
Headnote
A) Scheduled Tribes - Caste Validity - Pre-Constitutional Entries - Interpolation - The Scrutiny Committee invalidated the petitioner's 'Tokre Koli' certificate based on vigilance report alleging interpolation of pages in school and birth/death registers. The Court held that the petitioner cannot be penalized for alleged interpolation in government records maintained by public authorities, as she had no role in their maintenance. The entries were pre-constitutional and consistent, and the Committee's order was set aside. (Paras 2-18) B) Scheduled Tribes - Caste Validity - Burden of Proof - Benefit of Doubt - The Court held that in caste validity matters, if there is any doubt, the benefit should go to the claimant, especially when the documents are old and from government custody. The Committee's rejection based on suspicion of interpolation without concrete evidence was unsustainable. (Paras 15-18)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's 'Tokre Koli' Scheduled Tribe certificate on the ground that pre-constitutional entries in school and birth/death registers were interpolated, without evidence linking the petitioner to the interpolation.
Final Decision
The petition is allowed. The order dated 29.11.2020 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, is quashed and set aside. The Committee is directed to validate the petitioner's 'Tokre Koli' Scheduled Tribe certificate within four weeks from the date of the order. The petitioner shall be granted all consequential benefits, including admission to the dental course.
Law Points
- Pre-constitutional entries in government records are entitled to weight
- interpolation in government records cannot be attributed to petitioner without evidence
- benefit of doubt to be given to claimant in caste validity matters
