Case Note & Summary
The petitioner, Sachin Subhash Thakur, appeared for the Common Entrance Test for Engineering/Technology Admissions in 2018 and sought admission to an MBA course. He was granted a caste certificate certifying him as Thakur Scheduled Tribe on 28 May 2008. He approached the Caste Scrutiny Committee (respondent no.2) on 17 December 2009 for verification of his claim, submitting documents including those of his forefathers recording the caste as Thakur, and a caste validity certificate issued to his real cousin brother, Vijay Suresh Thakur, by the Caste Scrutiny Committee, Nashik. The Committee forwarded the claim to the Vigilance Cell for inquiry, which submitted its report on 30 September 2010. The petitioner was served a show cause notice on 3 November 2014, which he replied to. Despite this, the Committee passed an order on 7 August 2018 rejecting his claim. The petitioner challenged this order by way of a writ petition before the Bombay High Court. The Court found that the Committee's order suffered from abject perversity and non-application of mind, as it ignored the validity certificate of the real cousin brother and other documentary evidence. The Court allowed the petition, quashed the impugned order, and directed the Committee to reconsider the claim afresh within four weeks, giving due weight to the cousin brother's validity certificate.
Headnote
A) Caste Scrutiny - Scheduled Tribe Claim - Perversity - The Caste Scrutiny Committee's order rejecting the petitioner's claim as Thakur Scheduled Tribe was held perverse due to non-application of mind, ignoring the caste validity certificate of the petitioner's real cousin brother and other documentary evidence. (Paras 1-3)
Issue of Consideration
Whether the Caste Scrutiny Committee's order rejecting the petitioner's claim as belonging to Thakur Scheduled Tribe is perverse and suffers from non-application of mind.
Final Decision
The writ petition is allowed. The impugned order dated 7 August 2018 passed by the Caste Scrutiny Committee is quashed and set aside. The Committee is directed to reconsider the petitioner's claim afresh within four weeks from the date of the order, giving due weight to the caste validity certificate of the petitioner's real cousin brother.
Law Points
- Caste Scrutiny Committee must apply mind to evidence
- cannot ignore validity certificate of real cousin brother
- perversity in rejection order warrants quashing
