Case Note & Summary
The petitioner, Diwakar Sadashiv Wakade, filed a writ petition challenging the order dated 11-10-2012 of the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, which rejected his claim for a validity certificate as belonging to the 'Mana' Scheduled Tribe. The petitioner had obtained a caste certificate showing 'Mana' (Scheduled Tribe) and sought its validation for employment purposes. The Committee rejected the claim on three grounds: (a) 'Mana' was included in the list of Scheduled Tribes for Maharashtra only in 1960 and only for specified areas, and the petitioner failed to prove that he or his forefathers hailed from such area; (b) there are non-tribal communities like 'Badwaik Mana', 'Kunbi Mana', etc., and the petitioner failed the affinity test; (c) 'Mana' was also listed in the Other Backward Classes list in 1967. The High Court observed that the Committee itself recorded that the entries in school and revenue records of the petitioner's blood relatives from 1923-24 to 1950 consistently showed the caste as 'Mana'. The Court held that the Committee erred in ignoring this documentary evidence and in applying the affinity test without considering the historical records. The Court noted that the area restriction argument was flawed because the records predated the 1960 notification and the petitioner's family had been residing in the same area for generations. The Court allowed the petition, set aside the Committee's order, and directed the Committee to issue a validity certificate to the petitioner within four weeks.
Headnote
A) Caste Certificate - Scheduled Tribe - Mana Community - Validity - Constitution (Scheduled Tribes) Order, 1950 - The petitioner claimed 'Mana' Scheduled Tribe status based on consistent entries in school and revenue records of blood relatives from 1923-24 to 1950 showing 'Mana' caste. The Committee rejected the claim on grounds that 'Mana' was included as ST only in 1960 for specified areas and that the petitioner failed the affinity test. The High Court held that the Committee erred in ignoring the documentary evidence and in applying the affinity test without considering the consistent historical records. (Paras 1-3) B) Caste Certificate - Affinity Test - Applicability - Constitution (Scheduled Tribes) Order, 1950 - The Committee relied on the affinity test to reject the claim, noting non-tribal sub-groups like 'Badwaik Mana', 'Kunbi Mana', etc. The Court held that the affinity test cannot override clear documentary evidence of continuous recognition as 'Mana' in official records. The Committee's reasoning that the petitioner failed to prove migration from specified ST areas was also flawed as the records predated the 1960 notification. (Paras 2-3) C) Caste Certificate - Burden of Proof - Documentary Evidence - The Court emphasized that when there is consistent documentary evidence from pre-1950 period showing the caste as 'Mana', the burden shifts to the Committee to disprove the claim. The Committee's rejection based on area restriction and affinity test without rebutting the documentary evidence was unsustainable. (Paras 2-3)
Issue of Consideration
Whether the Scrutiny Committee's rejection of the petitioner's claim for 'Mana' Scheduled Tribe certificate based on area restriction and affinity test is sustainable in law.
Final Decision
The petition is allowed. The order dated 11-10-2012 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, is quashed and set aside. The Committee is directed to issue a validity certificate to the petitioner within four weeks.
Law Points
- Caste certificate validity
- Scheduled Tribe
- Mana community
- affinity test
- area restriction
- Constitution (Scheduled Tribes) Order 1950
- burden of proof
- documentary evidence
