Case Note & Summary
The petitioners filed writ petitions under Article 226 of the Constitution before the Bombay High Court at Aurangabad challenging the orders of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which had invalidated their claims of belonging to the Thakur Scheduled Tribe. The committee's orders were dated 10.10.2011 and 13.01.2012. The petitioners raised several grounds: first, that area restriction on Scheduled Tribe claims had been removed by Parliamentary Act No. 108 of 1976, and therefore, the committee could not distinguish based on residence. Second, the committee failed to consider that the petitioners' nephews, sons of cousin brothers from the paternal side, had already been granted certificates of validity, which lends strong support to the genuineness of their claims. Third, the committee overlooked the evidentiary value of pre-constitutional documents where the community was recorded as 'Thakur' or 'Hindu Thakur' but not specifically as 'Thakur Scheduled Tribe', arguing that such entries are sufficient proof of tribal affiliation. The High Court noted that a coordinate bench had already decided a batch of petitions (Writ Petition No. 4575/2012 on 24.07.2017) accepting all these grounds. Relying on that judgment and for the reasons stated therein, the court held that the present writ petitions must also succeed. The rule was made absolute in terms of prayer clause 'A', and the scrutiny committees were directed to issue certificates of validity to the petitioners within two weeks from the date of receipt of the order.
Headnote
A) Scheduled Tribes – Claim Verification – Area Restriction – Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 – Parliamentary Act No. 108 of 1976 removed area restrictions on Scheduled Tribe claims – Scrutiny Committee could not distinguish based on residence – Held that removal of area restriction is a settled legal position (Paras 4, 6). B) Scheduled Tribes – Claim Verification – Validity Certificates to Close Blood Relatives – Relevant Consideration – Petitioners' nephews (sons of cousin brothers from paternal side) had been granted certificates of validity – Scrutiny Committee failed to consider this material – Held that such prior recognition supports the genuineness of the tribe claim and must be given due weight (Paras 4–6). C) Scheduled Tribes – Claim Verification – Pre-Constitutional Documents – Evidentiary Value – Pre-constitutional documents typically mention community as 'Thakur' or 'Hindu Thakur' without the suffix 'Scheduled Tribe' – Scrutiny Committee erred in rejecting such documents for absence of specific nomenclature – Held that pre-constitutional records are sufficient proof of community affiliation (Paras 4–6). D) Scheduled Tribes – Claim Verification – Precedent and Consistency – The High Court in a batch of petitions (WP 4575/2012 decided on 24.07.2017) accepted all the above grounds and quashed similar orders – Present petitions allowed following the same reasoning – Committee directed to issue validity certificates within two weeks (Paras 5, 6).
Issue of Consideration
Whether the Scrutiny Committee's order invalidating the petitioners' Thakur Scheduled Tribe claims is sustainable in law when area restrictions have been removed, close paternal relatives have been granted validity certificates, and pre-constitutional documents refer to the community as Thakur.
Final Decision
Writ petitions allowed. The rule was made absolute in terms of prayer clause 'A'. The Scrutiny Committees were directed to issue certificates of validity to the petitioners within two weeks from the date of receipt of the order.
Law Points
- Area restriction on Scheduled Tribe claims removed by Parliamentary Act No. 108 of 1976
- validity certificates granted to petitioners' nephews on paternal side support tribe claim
- pre-constitutional documents showing 'Thakur' or 'Hindu Thakur' sufficient without specification 'Scheduled Tribe'
- Scrutiny Committee order invalidated
- Committee directed to issue validity certificates within two weeks
