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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.S.JAWALKAR, RAJ D.WAKODE
Ajinkya S/o Santosh Koltakke – Appellant
Versus
Schedule Tribe Caste Certificate Scrutiny Committee – Respondent
JUDGMENT :
(Per – M. S. JAWALKAR, J.)
1. Heard. Rule. Rule is made returnable forthwith. Matter is taken up for final hearing at the stage of admission by consent of the parties and at the request of parties.
2. Since the issue involved in these writ petitions is similar and since the Petitioners are brothers and sister, the same are decided by this common judgment.
3. By these Writ Petitions, the Petitioners are challenging the order dated 27/09/2024 passed by the Respondent No.1 Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati (for short the “Scrutiny Committee”), thereby invalidating the caste claim of the Petitioners to the “Koli Mahadeo” Scheduled Tribe enlisted at Sr. No. 29 in the list of Scheduled Tribes in Constitutional (S.T.) Order 1950 and order dated 20/05/2024 passed by the Respondent No.2 thereby rejected the caste claim of the Petitioner.
4. Learned counsel for the Petitioners submits that the Petitioners had submitted applications along with numerous documents through his father to the Respondent No.2 Sub- Divisional Officer, Akola for grant of Scheduled Tribe Certificates, which came to be rejected vide order dated 08/08/2023. Thereafter an appeal was pr
The authorities exceeded their jurisdiction in denying caste certificates, improperly evaluating the validity of caste claims contrary to statutory provisions.
The central legal point established in the judgment is the requirement for the Competent Authority to issue a Caste Certificate after satisfying itself about the genuineness of the claim, and the lim....
Scrutiny committee must issue validity certificate to petitioner if paternal blood relative holds one post-vigilance inquiry, despite failed affinity test or show cause notices to relative; liberty t....
The main legal point established in the judgment is that the Scrutiny Committee had no statutory power to re-examine a Caste Validity Certificate already issued, and thus, the cancellation was withou....
The main legal point established in the judgment is that the Caste Scrutiny Committee has no inherent power of review under the Act of 2000 and rules framed thereunder. Additionally, the power to can....
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 court reaffirmed that established familial relations proven through recognized validity certificates must be honored, barring evidence of fraud.
Caste Scrutiny Committee lacks jurisdiction to suo motu review validity certificates; review powers must be statutory, not inherent.
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