Back
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
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 International Junior College, he forwarded his caste certificate along with relevant documents to the respondent Committee for its verification.
(4) The Committee was dissatisfied with the documents produced by the petitioner and therefore, forwarded the same to the Vigilance Cell for a detailed enquiry. Accordingly, the Vigilance Cell has conducted a thorough enquiry and submitted its report to the Committee, observing that adve
Burden of proof for tribal claims relies on historical documents, with older records holding more weight; claims of synonymous tribe names require clear establishment.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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
