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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
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 extracted herein below for ready reference:-
“76. The impugned order bearing No.KAV TAD/BC/ 790/2020/213 dated 24.09.2021 passed by the SLSC is set aside and quashed.
77. The Petitioners herein have been able to substantiate the following criteria laid down in Rameshbhai Dabhai Naika (supra).
(a) The Petitioners have been able to show and prove that the Petitione
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.
The main legal point established in the judgment is the significance of pre-constitutional documents in establishing the genuineness of caste claims, the removal of area restrictions for Scheduled Tr....
(1) Reservation – Order passed by Scrutiny Committee which reflects due appreciation of evidence and application of mind and in absence of any allegation of bias/malice or lack of jurisdiction, distu....
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