Case Note & Summary
The petitioner, Sameer Ahmed Khan, a minor represented by his father, filed a writ petition challenging the order dated 11-6-2002 passed by the Committee for Scrutiny and Verification of Tribe Claims, Maharashtra, which rejected his claim of belonging to the Scheduled Tribe 'Raj'. The petitioner sought setting aside of the order and a declaration that he belongs to the said Scheduled Tribe. The Court heard both sides and examined the original record. The Court found that the Committee had not properly considered the school records of the petitioner and his relatives, which indicated the tribe as 'Raj'. Additionally, the affinity test report, which supported the claim, was not given due weight. The Court held that the Committee's order was passed without proper application of mind and was unsustainable. Consequently, the Court set aside the order and directed the Committee to reconsider the claim afresh, taking into account all relevant evidence, including the school records and affinity test report, and to pass a reasoned order within a stipulated time. The petition was allowed with no order as to costs.
Headnote
A) Scheduled Castes and Scheduled Tribes - Caste Certificate - Scrutiny Committee - Rejection of Claim - The Committee must apply its mind to all relevant documents and evidence on record, including school records and affinity test reports, before rejecting a claim. - Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - The Court held that the Committee's order was unsustainable as it failed to consider the petitioner's school records and the affinity test report, and set aside the order with directions to reconsider. (Paras 1-3)
Issue of Consideration
Whether the Scrutiny Committee's order rejecting the petitioner's claim of belonging to the Scheduled Tribe 'Raj' is sustainable in law and whether the petitioner is entitled to a declaration that he belongs to the said Scheduled Tribe.
Final Decision
The petition is allowed. The order dated 11-6-2002 passed by the Committee for Scrutiny and Verification of Tribe Claims is set aside. The Committee is directed to reconsider the claim of the petitioner afresh, taking into consideration all relevant evidence including school records and affinity test report, and pass a reasoned order within a period of three months from the date of receipt of the order. No order as to costs.
Law Points
- Scheduled Tribe claim
- Scrutiny Committee
- Caste Certificate
- Maharashtra Act 2000
- Raj community
- validity of caste certificate
- burden of proof
- documentary evidence
- affinity test
Case Details
2015 LawText (BOM) (02) 169
Writ Petition No.2142 of 2002 with Civil Application No.5746 of 2002 and Civil Application No.3318 of 2015
T.V. Nalawade, Smt. I.K. Jain
Shri. S.B. Talekar for petitioner, Shri. V.D. Godbharle for respondent Nos. 1,3,4,5, Shri. K.D. Bade Patil for respondent Nos.2 & 6
Sameer Ahmed Khan s/o. Saud Ahmed Khan Patel
The State of Maharashtra, The Committee for Scrutiny & Verification of Tribe Claims, Aurangabad, The Executive Magistrate, Aurangabad, The Competent Authority & Director of Medical Education & Research, MS, Mumbai, Maharashtra University of Health Sciences, Main Road, Mhasrul, Nasik
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Nature of Litigation
Writ petition challenging the order of the Scrutiny Committee rejecting the petitioner's claim of belonging to Scheduled Tribe 'Raj'.
Remedy Sought
Setting aside of the Committee's order and declaration that the petitioner belongs to Scheduled Tribe 'Raj'.
Filing Reason
The Committee rejected the petitioner's tribe claim without proper consideration of evidence.
Previous Decisions
The Committee for Scrutiny and Verification of Tribe Claims passed an order dated 11-6-2002 rejecting the petitioner's claim.
Issues
Whether the Scrutiny Committee's order rejecting the petitioner's claim of belonging to Scheduled Tribe 'Raj' is sustainable.
Whether the petitioner is entitled to a declaration that he belongs to Scheduled Tribe 'Raj'.
Submissions/Arguments
Petitioner argued that the Committee did not consider school records and affinity test report.
Respondents supported the Committee's order.
Ratio Decidendi
The Scrutiny Committee must apply its mind to all relevant documents and evidence, including school records and affinity test reports, before rejecting a Scheduled Tribe claim. Failure to do so renders the order unsustainable.
Judgment Excerpts
The petition is filed to challenge the order dated 11-6-2002 made by the Committee constituted for scrutiny and verification of the tribe claims in Maharashtra under the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.
The Committee has rejected the claim of the petitioner that he belongs to Scheduled Tribe by name 'Raj'.
Both the sides are heard. Original record is perused.
Procedural History
The petitioner filed a writ petition in 2002 challenging the Committee's order dated 11-6-2002. The matter was heard and decided on 19-3-2015.
Acts & Sections
- Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000:
