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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
NITIN W.SAMBRE, ABHAY J.MANTRI
Ansh s/o Kiran Gharat – Appellant
Versus
Schedule Tribe Caste Certificate Scrutiny Committee – Respondent
| Table of Content |
|---|
| 1. challenge to tribe claim based on documentary evidence. (Para 2 , 3 , 4) |
| 2. petitioner's contention regarding the consideration of evidence. (Para 5 , 6 , 7 , 8) |
| 3. committee's findings based on historical documentation. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. validity certificates and the authenticity of documents. (Para 16 , 17) |
| 5. rejection of claims based on documentary discrepancies. (Para 18 , 19 , 20) |
JUDGMENT
Abhay J. Mantri, J.
(1) Rule. Rule is made returnable forthwith and heard finally by the consent of the learned counsel appearing for the parties.
(2) The challenge is raised to the order dated 26/09/2023 passed by respondent Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur (for short- ‘the Committee’), whereby rejected the tribe claim of the petitioner that he belongs to “Mana” Scheduled Tribe.
(3) The petitioner claims that he belongs to the “Mana” Scheduled Tribe category; accordingly, on 24/05/2018, Sub-Divisional Officer, Katol issued a caste certificate in his favour. He was pursuing education, viz., a bachelor of engineering degree in the “Open” category. For the purpose of further education, through the Principal of the Arya Gurukul Inte
Burden of proof for tribal claims relies on historical documents, with older records holding more weight; claims of synonymous tribe names require clear establishment.
The petitioner failed to prove his claim to the 'Mana' Scheduled Tribe, as older documents indicating 'Mani' had greater probative value, and he tampered with evidence.
The burden of proof under Section 8 of the Act of 2000 requires the petitioner to disprove adverse historical entries to establish her Scheduled Tribe status.
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....
The credibility of caste claims must adhere to historical documentation, with greater weight given to pre-Independence records, in lieu of modern records.
The probative value of pre-Constitutional documents is superior to subsequent documents, establishing the distinction between 'Halba' and 'Halbi' Scheduled Tribes.
Pre-1956 certified documents hold presumptive probative value in tribe claims; rejection sans expert rebuttal on interpolation invalid. Non-existent adverse entries mere corruptions, not negating con....
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