Case Note & Summary
The petitioner, Gajanan Vasudevrao Lade, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 06.06.2015 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Nashik, which cancelled and confiscated his caste certificate issued on 04.12.2004 by the Special Land Acquisition Officer, Scarcity No.1, Nashik, certifying him as belonging to the Thakur tribe, a Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950. The petitioner had referred his certificate for verification to the Scrutiny Committee as he intended to contest an election from a ward reserved for Scheduled Tribe candidates. The Committee examined his claim but ultimately cancelled the certificate, leading to the present petition. The court found that the Committee failed to consider the documents submitted by the petitioner, including school leaving certificates, revenue records, and other relevant evidence, and did not conduct a proper inquiry as required under the law. The court held that the Committee's order was arbitrary and unsustainable, and quashed the same, directing the Committee to reconsider the petitioner's claim afresh after giving him an opportunity of hearing and considering all relevant documents.
Headnote
A) Scheduled Tribes - Caste Certificate Verification - Cancellation of Certificate - The Scrutiny Committee cancelled the petitioner's Thakur tribe certificate without properly considering the documents submitted, including school records and revenue entries, and without conducting a thorough inquiry - Held that the Committee's order was arbitrary and unsustainable (Paras 1-15).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in cancelling the petitioner's caste certificate on the ground that the petitioner failed to prove his Thakur tribe status
Final Decision
The court allowed the writ petition, quashed the impugned order dated 06.06.2015, and directed the Scrutiny Committee to reconsider the petitioner's claim afresh after giving him an opportunity of hearing and considering all relevant documents.
Law Points
- Caste Scrutiny Committee must consider all relevant documents
- conduct proper inquiry
- and cannot cancel certificate without valid reasons
- burden of proof on claimant to establish tribe status
- principles of natural justice apply
