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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Mangesh S. Patil, Sandeep V. Marne, JJ.
Priyanka D/o Balaji Wadikar & Ors. – Appellants
Versus
State of Maharashtra & Ors. – Respondents
Writ Petition No. 9267 of 2021
Decided On : 18-08-2022
TRIBE CERTIFICATE - Validity of Tribe Certificates - Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - Section 10, 12
Fact of the Case:
The petitioners, sister and brother, were issued tribe certificates certifying them as belonging to 'Koli Mahadeo' tribe. The certificates were invalidated by the Scheduled Tribe Certificate Scrutiny Committee, leading to a challenge in the present petition.
Finding of the Court:
The Court found that the tribe claim of the petitioners was not upheld based on the invalidation of their father's validity certificate, which was granted without considering subsequent additions in the school records of paternal relatives. The Court dismissed the petition and vacated the interim protection granted earlier.
Issues: Validity of tribe certificates, consideration of paternal and maternal side relatives, reliance on father's validity certificate, and issuance of show cause notice.
Ratio Decidendi: The Court held that the Committee rightly corrected the error in upholding the tribe claim of the petitioners' father based on the invalidated validity certificate. The Court also emphasized the withdrawal of benefits secured on the basis of false caste claims.
Final Decision: The petition was dismissed, interim protection was vacated, and no costs were awarded.
JUDGMENT
Sandeep V. Marne, J. - Rule.
2. Rule is made returnable forthwith and heard finally with the consent of the learned Advocates for the respective parties, at the stage of admission.
3. The petitioners are the sister and brother, who have been issued with the tribe certificates dated 25.01.2007, certifying that they belong to 'Koli Mahadeo' tribe, which is recognised as scheduled tribe. On the strength of the tribe certificates, the petitioner No. 1 was allotted Medical College for M.B.B.S. course in the year 2015, and since the College was refusing to admit her for want of tribe validity certificate, she had filed Writ Petition No. 9594 of 2015. In that petition, initially an interim order was passed on 22.09.2015 directing the concerned college to allow her to secure admission and continue her studies for the first year of MBBS Course. The petition was subsequently disposed of by order dated 03.12.2015 recording the statement of the respondent Committee therein that the proposal for verification of tribe certificate of petitioner No. 1 would be decided within one year. She was allowed to prosecute further studies and appear for examination, subject to the decision of the Committee. It appears that the petitioner No. 1 has now completed her M.B.B.S. course in the year 2019 and has also undergone the necessary internship of one year. So far as, petitioner No. 2 is concerned, he is apparently undergoing Engineering Degree Course with IIT, Palakkad Kerala.
4. In the above backdrop, the tribe certificates of both the petitioners came up for verification before the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad. By the impugned order dated 10.08.2021, the Committee has invalidated the tribe claim of both the petitioners and has further directed that necessary action be initiated against them by their respective Educational Institutions as provided under Section 10 and 12 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.
5. The petitioners have challenged the judgment and order dated 10.08.2021 passed by the Scrutiny Committee in the present petition. By order dated 24.09.2021, this Court directed not to take action against the petitioners in pursuance of the impugned judgment. The interim protection has been continued from time to time.
6. Appearing for the petitioners Mr. Vibhute, contended that the father of the petitioners has been granted the validity certificate on 13.06.2006. He further contended that the validity certificate of the father was premised on the report of the Vigilance Cell dated 15.02.2006. He further submitted that the Research Officer had given positive report, so far as affinity test was concerned.
7. Mr. Vibhute, further contended that in the light of the issuance of validity certificate in favour of the petitioners' father based on Vigilance Cell Inquiry Report, it was not open for the Vigilance Cell to record the contrary observations, while conducting vigilance inquiry in respect of the tribe claims of the petitioners. Similar submission is made with regard to the opinion of the Research Officer.
8. It is further contended on behalf of the petitioners that this is not a case of suppression of any fact in that the alleged addition in respect of the School records of two paternal side relatives of the petitioners was already highlighted in the Vigilance report of the father and that the said aspect was duly considered by the Committee while issuing the father's validity certificate.
9. Mr. Vibhute, in support of his contentions has relied upon the following decisions :
a) Apoorva d/o Vinay Nichale Vs. Divisional Caste Certificate Scrutiny Committee No. 1 and Others - 2010 (6) Mh. L.J. 401.
b) Prakash s/o Rambhau Thakur Vs. The State of Maharashtra and Anr. - Judgment dated 10.09.2009 in Writ Petition No. 2016 of 2007
The withdrawal of benefits secured on the basis of false caste claims is a necessary consequence of the invalidation of the caste claim.
The Scrutiny Committee cannot invalidate tribe validity certificates of blood relatives without evidence of fraud or jurisdictional issues; valid certificates must be accepted to ensure consistency a....
The rejection of the petitioner's tribe claim had attained finality, and the validity certificates issued to his relatives could not be relied upon.
The importance of pre-independence documents and the validation of tribe certificates for blood relatives unless obtained through fraud or misrepresentation.
The main legal point established is that once a validity certificate is issued in favor of a blood relative, no further inquiry is required unless there is evidence of fraud, as per settled law.
Point of Law : Once there is evidence of relatives having valid caste validity certificates of Thakur Scheduled Tribe, the Scrutiny Committee is bound to grant certificate to Petitioner’s claim and c....
Caste validity certificates for Scheduled Tribes must consider familial ties; invalidation of relatives' certificates affects related claims.
The importance of older documents in establishing caste claim and the need to consider the broad perspective of caste claim genuineness.
The court emphasized that pre-Constitutional documents are of higher probative value for determining tribe claims, and invalidation by the committee on the basis of affinity test was not legally soun....
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