Case Note & Summary
The petitioner, Bhagyashree Vinod Kelkar, a student, challenged the order dated 20.7.2002 passed by the Committee for Scrutiny and Verification of Tribe Claims, Amravati, which invalidated her caste certificate issued on 1.7.1998 by the Sub Divisional Officer, Murtizapur, certifying her as belonging to the 'Raj' Scheduled Tribe. The 'Raj' community is notified as a Scheduled Tribe at Sr. No.18 in the Constitution (Scheduled Tribes) Order, 1950 for the State of Maharashtra. The petitioner submitted fourteen documents in support of her claim, including pre-Constitution era records, before the Scrutiny Committee. However, the Committee passed the order invalidating her tribe claim mainly on the ground that she failed to establish socio-cultural affinity and ethnic linkage with the 'Raj' community, without considering the documents submitted. The High Court observed that the Committee's approach was erroneous as it ignored the documentary evidence, particularly the pre-Constitution documents which have high probative value. The Court held that the affinity test cannot be the sole criterion to reject a claim when there is documentary evidence of continuous recognition as a Scheduled Tribe. The Court set aside the impugned order and remitted the matter back to the Scrutiny Committee for fresh consideration, directing it to consider all documents submitted by the petitioner and give her an opportunity of hearing before passing a fresh order.
Headnote
A) Scheduled Tribes - Caste Certificate Verification - Affinity Test - The Scrutiny Committee invalidated the petitioner's tribe claim as 'Raj' Scheduled Tribe on the ground of failure to establish socio-cultural affinity and ethnic linkage, without considering pre-Constitution documents submitted by the petitioner. The High Court held that the Committee's approach was erroneous as it ignored relevant documentary evidence and the affinity test cannot be the sole criterion to reject a claim when there is documentary evidence of continuous recognition as a Scheduled Tribe. (Paras 1-3)
B) Scheduled Tribes - Pre-Constitution Documents - Evidentiary Value - The petitioner submitted fourteen documents including pre-Constitution era records in support of her tribe claim. The Court held that such documents have high probative value and the Committee's failure to consider them vitiated the order. The Court set aside the impugned order and directed the Committee to decide the claim afresh after considering all documents and giving the petitioner an opportunity of hearing. (Paras 2-3)
Issue of Consideration
Whether the Scrutiny Committee's order invalidating the petitioner's Scheduled Tribe certificate as belonging to 'Raj' community was sustainable when it failed to consider pre-Constitution documents and applied the affinity test incorrectly.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 20.7.2002 passed by the Scrutiny Committee, and remitted the matter back to the Committee for fresh consideration. The Committee was directed to consider all documents submitted by the petitioner and give her an opportunity of hearing before passing a fresh order.
Law Points
- Scheduled Tribe certificate
- Scrutiny Committee
- affinity test
- pre-Constitution documents
- socio-cultural affinity
- ethnic linkage
- Constitution (Scheduled Tribes) Order 1950
Case Details
2017 LawText (BOM) (07) 222
Writ Petition No. 2690/2002
R.K. Deshpande, Mrs. Swapna Joshi
Mrs. M.P. Munshi for petitioner, Mr. V.P. Maldhure for respondent no.1&2
Ms. Bhagyashree d/o Vinod Kelkar
The State of Maharashtra, Committee for Scrutiny and Verification of Tribe Claims Amravati, District Institute of Education and Training Amravati, Director M.S. State Examination Council Pune
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Nature of Litigation
Writ petition challenging the order of the Scrutiny Committee invalidating the petitioner's Scheduled Tribe certificate.
Remedy Sought
Petitioner sought quashing of the Scrutiny Committee's order dated 20.7.2002 and restoration of her caste certificate as belonging to 'Raj' Scheduled Tribe.
Filing Reason
The Scrutiny Committee invalidated the petitioner's caste certificate without considering the documents submitted by her, including pre-Constitution era documents, and solely on the ground of failure to establish socio-cultural affinity and ethnic linkage.
Previous Decisions
The caste certificate was issued by the Sub Divisional Officer, Murtizapur on 1.7.1998. The Scrutiny Committee passed the order invalidating it on 20.7.2002.
Issues
Whether the Scrutiny Committee's order invalidating the petitioner's Scheduled Tribe certificate was sustainable when it failed to consider pre-Constitution documents and applied the affinity test incorrectly.
Submissions/Arguments
Petitioner argued that the Scrutiny Committee did not consider the fourteen documents submitted, including pre-Constitution era records, and erroneously relied solely on the affinity test to reject her claim.
Respondents argued that the petitioner failed to establish socio-cultural affinity and ethnic linkage with the 'Raj' community, justifying the invalidation.
Ratio Decidendi
The Scrutiny Committee must consider all documentary evidence, especially pre-Constitution documents which have high probative value, and cannot rely solely on the affinity test to reject a tribe claim. The failure to consider such documents vitiates the order.
Judgment Excerpts
By this petition, the petitioner has challenged the decision of respondent no.2 Committee for Scrutiny and Verification of Tribe Claims, Amravati, rendered on 20.7.2002, by which the caste certificate of the petitioner as belonging to ‘Raj’ Scheduled Tribe, issued by the Sub Divisional Officer, Murtizapur on 1.7.1998 has been invalidated.
The petitioner submitted in support of her tribe claim, fourteen documents including the documents pertaining to pre-Constitution era, before the said Committee. However, the said Committee without considering those documents, passed the order invalidating the tribe claim of the petitioner mainly on the ground that the petitioner has failed to establish socio-cultural affinity and ethnic linkage.
Procedural History
The petitioner obtained a caste certificate as 'Raj' Scheduled Tribe on 1.7.1998. The claim was referred to the Scrutiny Committee, which passed an order on 20.7.2002 invalidating the certificate. The petitioner filed Writ Petition No. 2690/2002 before the Bombay High Court, Nagpur Bench, challenging the order. The High Court allowed the petition on 27.7.2017 and remitted the matter for fresh consideration.
Acts & Sections
- Constitution (Scheduled Tribes) Order, 1950: Sr. No.18
