Case Note & Summary
The petitioner, Madan Sitaram Chandanbatwe, was working as a Talathi under the Sub-Divisional Officer, Akola. He claimed to belong to the 'Dhoba' community, which is notified as a Scheduled Tribe at Sr. No.18 in the Presidential Order. He had obtained a caste certificate from the Executive Magistrate, Akola, on 19.6.1981. However, the Committee for Scrutiny and Verification of Tribe Claims, Amravati, by its decision dated 22.10.2001, invalidated the certificate. The petitioner challenged this decision by filing a writ petition. The court examined the evidence on record, including school records and other documents. The petitioner's school record from 1968 showed his caste as 'Maratha', and his father's school record from 1940 showed caste as 'Maratha'. The petitioner argued that the entry 'Maratha' was a mistake and that his family was known as 'Dhoba'. However, the court noted that there was no documentary evidence to support the claim. The Scrutiny Committee had considered the material and found that the petitioner failed to prove his tribe claim. The court held that the burden of proof lies on the claimant and that the Committee's decision was based on preponderance of probabilities. The court dismissed the petition, upholding the invalidation of the caste certificate.
Headnote
A) Scheduled Castes and Scheduled Tribes - Caste Certificate - Validity - Burden of Proof - The burden to prove that the claimant belongs to a Scheduled Tribe lies on the claimant. The Scrutiny Committee must examine the evidence on record and decide the claim on preponderance of probabilities. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes - Caste Certificate - Invalidation - Lack of Documentary Evidence - The petitioner failed to produce any documentary evidence to show that his ancestors were treated as 'Dhoba' Scheduled Tribe. The entries in school records and other documents did not support the claim. Held that the Scrutiny Committee's decision to invalidate the certificate was justified. (Paras 3-8) C) Scheduled Castes and Scheduled Tribes - Caste Certificate - Delay in Challenge - The fact that the certificate was issued long ago does not bar the Scrutiny Committee from examining its validity. The Committee is duty-bound to verify the claim. (Para 9)
Issue of Consideration
Whether the Scrutiny Committee was justified in invalidating the caste certificate of the petitioner claiming to belong to 'Dhoba' Scheduled Tribe.
Final Decision
The petition is dismissed. The decision of the Scrutiny Committee invalidating the caste certificate is upheld.
Law Points
- Burden of proof lies on claimant to establish Scheduled Tribe status
- Scrutiny Committee's decision based on preponderance of probabilities
- Validity of caste certificate can be challenged even after long period
