Case Note & Summary
The petitioner, Bhuwaneshwari Chandrashekhar Diwan, challenged an order dated 20.12.2007 of the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, which invalidated her claim for 'Mana – Scheduled Tribe' category. The petitioner had obtained a caste certificate of 'Mana – Scheduled Tribe' in 2005 based on a decision of the Bombay High Court in Mana Adim Jamat Seva Mandal v. State of Maharashtra, 2003 (3) Mh.L.J. 513. The Committee's order noted that school entries of the petitioner's grandfather and father from 1936 and 1942 showed their caste as 'Mana', but held it was unclear whether it was 'Mana Scheduled Tribe'. The Committee also found that affinity with 'Mana' had not been established. The High Court found the order to be totally cryptic. It observed that the pre-constitutional documents of 1936 and 1973 were not considered by giving them probative value, and there was nothing to show they were fabricated or fraudulent. The Court held that the affinity required is with 'Mana Scheduled Tribe', not as a sub-tribe of 'Gond', and the Committee must pass a detailed reasoned order. Consequently, the impugned order was set aside and the matter remanded to the Committee for fresh consideration in accordance with law. The petition was allowed.
Headnote
A) Caste Certificate - Scrutiny of Claim - Pre-Constitutional Documents - The Scrutiny Committee must assign probative value to pre-constitutional documents such as school entries from 1936 and 1942 showing caste as 'Mana' and cannot reject them without finding them fabricated or fraudulent. (Paras 3-4) B) Caste Certificate - Affinity Test - Mana Scheduled Tribe - The affinity required is with 'Mana Scheduled Tribe', not as a sub-tribe of 'Gond'; the Committee must pass a detailed reasoned order disclosing the basis for its finding on affinity. (Paras 3-4) C) Caste Certificate - Scrutiny Committee Order - Reasoned Order - An order that is cryptic and does not consider the probative value of documents or provide reasons for rejecting affinity cannot be sustained and must be set aside with a remand for fresh consideration. (Para 4)
Issue of Consideration
Whether the order of the Scheduled Tribe Caste Certificate Scrutiny Committee invalidating the petitioner's claim for 'Mana – Scheduled Tribe' is sustainable when it fails to consider pre-constitutional documents and does not provide reasons for rejecting affinity.
Final Decision
The impugned order dated 20.12.2007 is set aside. The matter is remanded to the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, for fresh consideration in accordance with law. The petition is allowed.
Law Points
- Caste certificate scrutiny
- probative value of pre-constitutional documents
- affinity test
- reasoned order requirement
- remand
