Case Note & Summary
The petitioner, Mohit s/o Suresh Deore, filed a writ petition before the Bombay High Court challenging the order of the Scheduled Tribe Certificate Scrutiny Committee, Nasik Division, dated 2nd January 2009, which rejected his caste claim as belonging to Thakur (Scheduled Tribe). The petitioner's father, brother, two sisters and uncle already possessed validity certificates for the Thakur tribe. Despite this, the Committee rejected the claim based on an affinity test and other material, overlooking these certificates. The High Court, relying on its earlier judgment in Kum. Ashwini Vilas Chavan v. State of Maharashtra & ors, held that the Committee's findings were contrary to settled law and the record. The Court noted that the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules 2003 define 'relative' under Rule 2(1)(f) as a blood relative from the paternal side. The Committee's rejection based on affinity test and other material could not prevail over the paternal relatives' validity certificates. The Court quashed the Committee's order and directed the issuance of a validity certificate to the petitioner.
Headnote
A) Scheduled Tribes - Caste Validity Certificate - Paternal Relative Certificates - Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules 2003, Rule 2(1)(f) - The petitioner's father, brother, two sisters and uncle already possessed validity certificates for Thakur (Scheduled Tribe). The Committee rejected the petitioner's claim based on affinity test and other material. Held that the Committee cannot overlook the validity certificates of paternal relatives and the definition of 'relative' under Rule 2(1)(f) includes only paternal blood relatives. The rejection was unsustainable. (Paras 3-6) B) Scheduled Tribes - Affinity Test - Overriding Effect - The Committee's doubts based on affinity test and other material cannot prevail over the paternal relatives' validity certificates and supporting documentary evidence. Held that the law is settled that such certificates are binding. (Paras 3-4)
Issue of Consideration
Whether the Scrutiny Committee can reject a caste claim when the applicant's paternal relatives already possess validity certificates for the same tribe.
Final Decision
The High Court allowed the writ petition, quashed the Committee's order dated 2nd January 2009, and directed the Committee to issue a validity certificate to the petitioner for Thakur (Scheduled Tribe).
Law Points
- Paternal relative validity certificates are binding on the Scrutiny Committee
- Affinity test cannot override documentary evidence of paternal relatives
- Definition of 'relative' under Rule 2(1)(f) includes only paternal blood relatives
