Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Gaurav Upadhyay Son of Late Shyam Sundar Upadhyay – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. caste verification details and challenges. (Para 3 , 4 , 5 , 8 , 9 , 10 , 12) |
| 2. arguments on slcsc's procedural compliance. (Para 14 , 15 , 21) |
| 3. judicial standards and caveats in caste matters. (Para 17 , 19 , 24 , 26) |
| 4. judicial review limits on slcsc findings. (Para 25 , 29) |
| 5. remand for comprehensive review by slcsc. (Para 33 , 34) |
JUDGMENT & ORDER (CAV)
(Ashutosh Kumar, CJ)
We have heard the learned counsel for the parties.
2. This intra-Court appeal is directed against the judgment & order dated 03.10.2024 passed by a learned Single Judge of this Court in WP(C) No.8024/2022, whereby the order of the State Level Caste Scrutiny Committee (hereinafter to be referred as “SLCSC”) rejecting the Scheduled Tribe status of the respondent No.2 herein (hereinafter to be referred as “X”) and her brother was set aside and the matter was remanded to the SLCSC on the limited aspect of determining as to whether the people outside the community of the respondent Nos.2 & 3 had also identified them as belonging to the Scheduled Tribe community, namely, Mising or Miri, or that of their father’s non-tribal community.
The conclusions drawn by the learned Single Judge are being extrac
The court emphasized the necessity for a holistic review in caste verification cases, re-affirming that findings by state committees should not be interfered with unless procedural irregularity exist....
In inter-caste marriages, offspring’s caste is determined by factual upbringing in the mother’s Scheduled Tribe community, not presumed from the father, and must not be denied due to procedural unfai....
Proper procedure and adherence to guidelines are essential for verifying caste status, and failure to comply can invalidate decisions related to caste certificates.
The burden of proof regarding caste status lies with the certificate holder, and the court may not re-evaluate factual determinations made by administrative bodies.
The Caste Scrutiny Committee lacks the authority to review a validated caste certificate; it can only cancel it if fraud is proven, and must afford a fair hearing as dictated by principles of natural....
The school records hold primacy in determining caste status, rejecting reliance on ROR as improper, underscoring the need for thorough evaluation of evidence regarding caste claims.
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
