Case Note & Summary
The petitioners, Sanjay Bajirao More and Sharad Gulab More, challenged a common order dated 28 May 2015 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which invalidated their caste certificates declaring them as belonging to the 'Thakur' Scheduled Tribe. The petitioners claimed that their ancestors were recorded as 'Thakur' in school admission entries from 1924 and 1925. However, the Scrutiny Committee found that the petitioners failed to prove that their ancestors resided in the localities specified in the Constitution (Scheduled Tribes) Order, 1950, which is a prerequisite for recognition as a Scheduled Tribe. The High Court, after hearing arguments, held that the area restriction under the 1950 Order is a condition precedent and the burden of proof lies on the claimant. The court found no error in the committee's decision and dismissed the writ petition, upholding the invalidation of the caste certificates.
Headnote
A) Scheduled Tribes - Caste Certificate Validity - Area Restriction - Constitution (Scheduled Tribes) Order, 1950, Article 342 - The petitioners claimed 'Thakur' Scheduled Tribe status based on school entries from 1924-25 showing 'Thakur'. However, the Scrutiny Committee invalidated the certificates as the petitioners could not establish that their ancestors resided in the specified localities (Thane district) as required by the 1950 Order. The High Court upheld the invalidation, holding that the area restriction is a condition precedent for recognition as a Scheduled Tribe, and the burden lies on the claimant to prove residence in the notified area. (Paras 2-10)
B) Scheduled Tribes - Pre-constitutional Entries - Evidentiary Value - Constitution (Scheduled Tribes) Order, 1950 - The court noted that pre-constitutional school entries describing the caste as 'Thakur' are relevant but not conclusive, as the Scheduled Tribe status is determined by the 1950 Order which imposes area restrictions. The petitioners failed to provide evidence of their ancestors' residence in the specified localities at the time of the Order. (Paras 11-15)
C) Scheduled Tribes - Scrutiny Committee - Powers - The Scrutiny Committee has the authority to invalidate caste certificates if the claimant fails to satisfy the conditions of the Scheduled Tribes Order. The court found no perversity or illegality in the committee's decision. (Paras 16-20)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the caste certificates of the petitioners as belonging to 'Thakur' Scheduled Tribe on the ground that the petitioners failed to prove that their ancestors resided in the specified localities as per the Constitution (Scheduled Tribes) Order, 1950.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the caste certificates of the petitioners.
Law Points
- Scheduled Tribe certificate validity
- area restriction under Constitution (Scheduled Tribes) Order 1950
- burden of proof on claimant
- scrutiny committee's power to invalidate
- relevance of pre-constitutional entries
Case Details
2015 LawText (BOM) (10) 67
WRIT PETITION NO. 5831 OF 2015
Anoop V. Mohta, A.A. Sayed
R.K. Mendadkar with Helen Koli and C.K. Bhangoji for Petitioners; S.S. Bhende, AGP for Respondent Nos. 1 and 2; S.S. Jinsiwale for Respondent No.3; Surekha Sonawane i/by U.H. Deshpande for Respondent No.4
Sanjay Bajirao More and Sharad Gulab More
State of Maharashtra, Scheduled Tribe Certificate Scrutiny Committee Nandurbar, Maharashtra State Electricity Distribution Company Ltd., Municipal Corporation of Greater Mumbai
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Nature of Litigation
Writ petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioners' caste certificates as belonging to 'Thakur' Scheduled Tribe.
Remedy Sought
The petitioners sought quashing of the Scrutiny Committee's order dated 28 May 2015 and restoration of their caste certificates.
Filing Reason
The petitioners' caste certificates were invalidated by the Scrutiny Committee on the ground that they failed to prove that their ancestors resided in the localities specified in the Constitution (Scheduled Tribes) Order, 1950.
Previous Decisions
The Scheduled Tribe Certificate Scrutiny Committee passed the common order dated 28 May 2015 invalidating the caste certificates.
Issues
Whether the Scrutiny Committee was justified in invalidating the caste certificates on the ground of non-compliance with area restriction under the Constitution (Scheduled Tribes) Order, 1950.
Whether the petitioners had discharged the burden of proving that their ancestors resided in the specified localities.
Submissions/Arguments
Petitioners argued that their ancestors were recorded as 'Thakur' in school entries from 1924-25, which should be sufficient to establish their Scheduled Tribe status.
Respondents contended that the petitioners failed to provide evidence of residence in the specified localities as required by the 1950 Order, and the Scrutiny Committee correctly invalidated the certificates.
Ratio Decidendi
The area restriction under the Constitution (Scheduled Tribes) Order, 1950 is a condition precedent for recognition as a Scheduled Tribe. The burden of proof lies on the claimant to establish that their ancestors resided in the specified localities at the time of the Order. Pre-constitutional entries are relevant but not conclusive, and the Scrutiny Committee's decision to invalidate certificates for lack of such proof is valid.
Judgment Excerpts
The case of the Petitioners is as follows: i) On 5 January 1924, father of Petitioner No. 1 and real uncle of Petitioner No. 2 admitted in the primary school and on 9 December 1925, father of Petitioner No.2 and real uncle of Petitioner No.1 admitted in the primary school, where their social status was described as 'Thakur'.
Clause 2 of the said Order says that the tribes or tribal communities, or parts of, or groups within tribes or tribal communities specified in Parts I to XIV of the Schedule to the Order shall, in relation to the States to which those parts respectively relate, be deemed to be Scheduled Tribes so far as regards members thereof resident in the localities specified in relation to them respectively in those parts of that Schedule.
Procedural History
The petitioners filed Writ Petition No. 5831 of 2015 before the Bombay High Court challenging the common order dated 28 May 2015 of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which invalidated their caste certificates. The petition was heard and finally disposed of on 19 October 2015.
Acts & Sections
- Constitution of India: Article 342
- Constitution (Scheduled Tribes) Order, 1950: Clause 2, Part III, Entry 21
