Case Note & Summary
The petitioner, Sudhakar s/o Rajaram Tumram, filed a writ petition challenging the order dated 31.05.2004 passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati, which invalidated his caste certificate issued on 21.12.1988 certifying him as belonging to the 'Arakh' Scheduled Tribe. The petitioner, a project affected person, was appointed as Junior Assistant in Zill Parishad, Amravati and was working in Panchayat Samiti at Morshi. He claimed to belong to the 'Arakh' community, notified as a Scheduled Tribe at Sr. No.18 in the Constitution (Scheduled Tribes) Order, 1950 for Maharashtra. In support of his claim, he submitted seven documents before the Scrutiny Committee. However, the Committee passed the order invalidating his tribe claim without considering those documents, mainly on the ground that the petitioner failed to establish socio-cultural affinity and ethnic linkage with 'Arakh' subtribe of 'Gond' Scheduled Tribe. The Committee also observed that 'Arakh' has not been listed as an independent single entry but is clubbed with synonyms and subtribes. The High Court, after hearing the Assistant Government Pleader for respondent no.1 (no one appeared for the petitioner), found that the Committee had not considered the documents submitted by the petitioner. The Court held that the Committee's order was unsustainable as it failed to examine the documentary evidence. The Court set aside the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing the Committee to consider all the documents produced by the petitioner and pass a reasoned order in accordance with law. The petition was allowed.
Headnote
A) Scheduled Tribes - Caste Scrutiny - Validity of Tribe Certificate - The Scrutiny Committee must consider all documents produced by the claimant and cannot reject the claim solely on the ground of lack of socio-cultural affinity without examining the documentary evidence. The Committee's order was set aside for non-consideration of documents. (Paras 1-2) B) Scheduled Tribes - 'Arakh' Community - Entry in Constitution (Scheduled Tribes) Order, 1950 - 'Arakh' is listed as a Scheduled Tribe at Sr. No.18 in relation to Maharashtra, and the Committee's observation that it is not an independent entry is erroneous. The Committee must verify the claim based on the notified entry. (Para 2)
Issue of Consideration
Whether the Scrutiny Committee's order invalidating the petitioner's Scheduled Tribe certificate as 'Arakh' was legally sustainable when it failed to consider the documents submitted by the petitioner and applied an incorrect standard of proof.
Final Decision
The petition is allowed. The impugned order dated 31.05.2004 passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati, is quashed and set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration. The Committee shall consider all the documents produced by the petitioner and pass a reasoned order in accordance with law.
Law Points
- Caste Scrutiny Committee must consider all documentary evidence
- socio-cultural affinity and ethnic linkage test must be applied correctly
- burden of proof on claimant
- presumption in favour of validity of pre-existing certificates
