Case Note & Summary
The petitioner, Ashu D/o Dattuji Shrirame, filed a writ petition challenging the order dated 8-10-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, which invalidated her caste claim for 'Mana, Scheduled Tribe' (entry at Serial No.18 in the Constitution (Scheduled Tribes) Order, 1950) and cancelled and confiscated her caste certificate dated 21-3-2009 issued by the Sub-Divisional Officer, Katol. The petitioner had produced 31 documents before the Committee in support of her claim, including affidavits sworn before the Executive Magistrate, caste certificates of blood relatives, and caste validity certificates of her cousin sisters (Ku. Mohini, Ku. Kusum, Ku. Durga), cousin brother Tikaram, cousin uncle Baburao, and real uncle Jagdish. The Committee rejected all these documents, holding that the affidavits and certificates were subject to verification and that the caste validity certificates were issued as per the decision of the Apex Court in Civil Appeal No.5270 of 2004. The Committee relied on an entry dated 14-4-1925 in the school admission register of the petitioner's grandfather, describing his caste as 'Mana', but did not give due weight to the other documents. The High Court found that the Committee's approach was perverse and that it had failed to consider the relevant documents and affidavits. The Court held that the order was unsustainable and set it aside, directing the Committee to reconsider the matter afresh, giving due weight to the documents and affidavits produced by the petitioner, and to pass a reasoned order within three months.
Headnote
A) Caste Claim - Scheduled Tribe - Mana Tribe - Scrutiny Committee - Natural Justice - The Committee invalidated the petitioner's caste certificate for 'Mana, Scheduled Tribe' without properly considering the affidavits, caste certificates of blood relatives, and caste validity certificates of relatives. The High Court held that the Committee's approach was perverse and the order was unsustainable as it failed to consider relevant evidence and relied on irrelevant grounds. (Paras 1-4) B) Evidence - Affidavits - Caste Validity Certificates - The petitioner produced 31 documents including affidavits sworn before Executive Magistrate, caste certificates of blood relatives, and caste validity certificates of cousin sisters and uncles. The Committee rejected them without valid reasons. The High Court found that the Committee's rejection was arbitrary and the documents ought to have been considered. (Paras 2-3) C) Natural Justice - Consideration of Documents - The Committee's order was set aside as it did not apply its mind to the documents produced. The High Court directed the Committee to reconsider the matter afresh, giving due weight to the documents and affidavits, and to pass a reasoned order within three months. (Para 4)
Issue of Consideration
Whether the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste claim for 'Mana, Scheduled Tribe' is sustainable in law, given the documents and affidavits produced by the petitioner.
Final Decision
The High Court allowed the writ petition, set aside the order dated 8-10-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, and directed the Committee to reconsider the matter afresh, giving due weight to the documents and affidavits produced by the petitioner, and to pass a reasoned order within three months.
Law Points
- Caste claim
- Scheduled Tribe
- Mana tribe
- Scrutiny Committee
- Natural justice
- Consideration of evidence
- Affidavits
- Caste validity certificates
- School records
- Vigilance report
