Case Note & Summary
The petitioner, Motial Namdeo Pawar, filed a writ petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee, Nashik, which rejected his claim of belonging to the 'Thakur' Scheduled Tribe. The petitioner had obtained a caste certificate on 04.03.1989 and was appointed as a Driver in the Public Works Department on 10.12.1991 based on that certificate. Subsequently, his claim was forwarded to the Scrutiny Committee for verification. The Committee rejected the claim on grounds that the High Court had consistently found unsustainable in earlier judgments. The Court noted that the petitioner's father had shifted to Nashik from Anturli, Taluka Bhadgaon, District Jalgaon since 1960 for service. The Court held that the Committee's order was unsustainable and directed it to reconsider the claim in accordance with law, taking into account the precedents set by the Court. The petition was allowed, and the impugned order was quashed.
Headnote
A) Scheduled Tribe - Certificate Verification - Unsustainable Grounds - The Scrutiny Committee rejected the petitioner's claim on grounds that have been repeatedly held unsustainable by the High Court in a series of judgments - The Court set aside the impugned order and directed the Committee to reconsider the claim in light of the settled legal position (Paras 1-2).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee's rejection of the petitioner's claim to belong to the 'Thakur' Scheduled Tribe was sustainable in law.
Final Decision
The Court allowed the writ petition, quashed the impugned order of the Scrutiny Committee, and directed the Committee to reconsider the petitioner's claim in accordance with law, taking into account the precedents.
Law Points
- Scheduled Tribe certificate verification
- Scrutiny Committee's unsustainable grounds
- Benefit of doubt in tribal claims
- Liberal approach in caste verification
