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CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12621 OF 2023
Nitin Prakash Pund & Ors. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Danish Patel i/b. Ms. Vaishali Suryawanshi, for the Petitioners.
Mr. Siddheshwar Kalel, AGP for Respondent Nos.1 to 3-State.
JUDGMENT
2. In the order dated 14th June 2022, the Sub-Divisional Officer held as under: “Whereas Shri. Nitin Prakash Pund, resident of Lingivare, Taluka Atpadi, Dist-Sangli, has submitted an application under No. 4 to Maha E Seva Kendra Atpadi for obtaining a Scheduled Tribe certificate in his name, Koli Mahadev. Kartikey Goti, PA / Rameshwar Dilwale, PA Accordingly, under sub-rule (6) of Rule 5 of the Scheduled Castes, Scheduled Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Classes (Regulation of Issue of Caste Certificate and its Verification) Act, 2000, if the applicant submits the validity certificate of the blood relation of the applicant's father or first cousin or any other blood relation of the father issued by the Verification Committee, the competent authority shall issue a caste certificate, considering the certificate submitted by the applicant as valid evidence, without demanding any other document or evidence. Whereas in the report No.5 from Tehsildar Atpadi, the applicant has submitted proof of residence before 6th September 1950. However, the report states that the applicant has not submitted any proof of belonging to the Koli Mahadev Scheduled Tribe before 1950. According to the documents in the case and the report from Tehsildar Atpadi, the applicant has not submitted any proof of belonging to the Koli Mahadev Scheduled Tribe before 1950. Nor has the applicant submitted any caste validity certificate of his close relative. The reason is that your application dated 28/04/2022 for obtaining a Koli Mahadev caste certificate of your Anu tribe is being disposed of. However, in the evidence submitted by you, the caste Koli, as mentioned in the Maharashtra Government (Special Backward Classes) S.B.C.[4] (1), if you demand a Koli caste certificate, the sald Koli caste certificate will be issued. If the applicant is not satisfied with the decision, he/she should file an appeal within 30 days with the Commissioner, Director, Tribal Research and Training Institute, Pune.”
3. The Scheduled Tribes Certificate Scrutiny Committee while dismissing the statutory Appeal preferred by the petitioners observed as under: “3. On perusing all the documents submitted by the appellant before the committee in the present case, the documentary evidence submitted by the appellant did not show any evidence of Scheduled Tribe status (school evidence, revenue evidence) prior to 1950. Also, the appellant could not prove his caste claim before the committee.
4. Scheduled Castes, Scheduled Tribes, Vimukt Castes, Nomadic Tribes, Other Backward Classes or Special Backward Classes (Regulation of Issue of Caste Certificate and its Verification) Act, 2000, under Section 8. In case of application made to the competent authority under section 3 for the grant of Caste Certificate in respect of a nomadic tribe, other backward class or special backward class and in the case of any inquiry made by the competent authority or by the verification committee or by the appellate authority under this Act or in the case of any judicial inquiry into any offence under this Act or in the case of any judicial inquiry into any offence under therese Acts, the burden of proof to prove that he belongs to that caste, tribe or class shall be on the applicant. In the present case, the appellants, despite being liable under the said Act, have not been able to prove their claim before the non-appellant. This is evident from the order of the non-appellant.
5. Similarly, it is evident from their orders that the competent authority has strictly followed the procedure laid down under Section 4 of
6. Considering the above facts and legal position, this Committee, as the appellate Authority passes the following orders: Order The order of the non-appellant, Mag/Kaavi/1453/1072/2022, denying the appellant the “Koli Mahadev” Scheduled Tribe certificate, is legal and correct and is being confirmed by the present order. Therefore, the appeal filed by the appellant before this committee is being dismissed by the present order.”
4. Mr. Danish Patel, the learned counsel for the petitioners referred to Rule 4 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (in short, Maharashtra Scheduled Tribes Rules) to challenge the impugned orders passed by the Sub-Divisional Officer and by the Scheduled Tribes Certificate Scrutiny Committee on the ground that there is no mandatory requirement under any Statute, Rules, Regulation etc. for furnishing a pre-Presidential Notification document for grant of a Scheduled Tribes Caste Certificate and in appropriate cases the claimaint canbe granted the Scheduled Tribes Caste Certificate provided he furnishes plausible reason for not possessing such a document. The learned counsel referred to the decision in “Rohit Uttam Mane v. State of Maharashtra & Ors.” (Writ Petition No.14646 of
2024) wherein a Co-ordinate Bench of this Court while seized with a similar situation passed the following order: “5. It is a settled law that while granting a Tribe Certificate, it should be assessed as to whether some of the paternal relatives of the claimant have been granted the Tribe Certificate. In the present case, in paragraph no. 5 of the impugned order dated 23/02/2024, issued by the Competent Committee, the relationship of the Petitioner with Sayaji Kundalik Mane and Vijay Ganapat Mane, has not been denied or contradicted. The reason for refusal of the Tribe Certificate is unsustainable. These two persons have been granted the Tribe Certificate, which would be subject to the inquiry by the Caste Validity Committee, as and when such a claim is put forth.
6. Needless to say, if the Petitioner is to be granted the said Tribe Certificate, the same would also be subject to the detailed inquiry as is engrafted in the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes And Special Backward Category (Regulation Of Issuance And Verification Of) Caste Certificate Act, 2000 (for short "the said Act").”
5. On the other hand, Mr. Siddheshwar Kalel, the learned State counsel referred to sub-Rule (2) to Rule 5 of the Maharashtra Scheduled Tribes Rules which provides that if the petitioner nos.[2] and 3 intend to obtain Caste Certificates on the basis of a precedent then they have to submit the application in form “C” as they intend to seek reliance on the Caste Certificate issued to their near relative.
6. The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter referred to as the Maharashtra Caste Regulation and Verification Act) was published in the Maharashtra Government Gazette on 23rd May 2001 and enforced with effect from 18th October 2001. This State legislation was enacted for regulating the issuance of the Caste Certificates and verification thereof in case of the persons belonging to a special caste category mentioned in the long title of the Maharashtra Caste Regulation and Verification Act. The competent Authority as defined under Clause (b) to section 2 shall be an Officer or Authority authorised by the Government by a notification in the Official Gazette to issue a Caste Certificate for such area or for such purposes as may be specified in the notification. The expression ‘Vimukta Jatis’ refers to the tribes which are declared de-notified tribes by the Government from time to time. The “Nomadic Tribes” are identified as the one which wander from place to place in search of livelihood. The socially and educationally backward classes of citizens as declared by the State Government are called “Other Backward Classes”. Clause (h) provides that the Other Backward Classes declared by the Government of India in relation to the State of Maharashtra are also included in that category. Similarly, the “Special Backward Category” constitutes such class of citizens who are socially and educationally backward and declared as a special backward category by the Government of Maharashtra. The persons claiming to be Scheduled Caste and Scheduled Tribe shall fall under such category provided they are covered under the meanings respectively assigned under Clauses 24 and 25 of Article 366 of the Constitution of India.
7. Clause 24 to Article 366 defines “Scheduled Castes” to mean such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purpose of the Constitution. “Scheduled Tribes” is defined under Clause 25 to mean such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of the Constitution. In this context, we may refer to Article 341 which provides that the President may with respect to any State or Union territory and where it is a State, after consultation with the Governor by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be. Similarly, in exercise of powers under Article 342, the President may with respect to any State or Union territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of the Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.
8. An application for a Caste Certificate by any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes or Special Backward Category persons who seek to produce a Caste Certificate in order to claim the benefits of any reservation provided to such castes, tribes or classes, either in any public employment or for admission into any educational institution, or any other benefits under any special provisions made under Clause (4) of Article 15 of the Constitution of India or for the purposes mentioned under section 3 of the Maharashtra Caste Regulation and Verification Act are required to apply in such form and in such manner as may be prescribed by the competent Authority for issuing a Caste Certificate. Section 4 provides that whenever an application is made under section 3, the competent Authority shall issue a Caste Certificate within such time limit but after satisfying itself about the genuineness of the claim and following the procedure as prescribed, in such form as may be prescribed or reject the application for the reasons to be recorded in writing. Sub-section (2) to section 4 provides that a Caste Certificate issued by any person, Officer or Authority other than the competent Authority shall be invalid. It further provides that the Caste Certificate issued by the competent Authority shall be valid subject to verification and grant of validity certificate by the Scrutiny Committee. The use of the expression “only” in sub-section (2) gives sufficient indication to the legislative intendment that a Caste Certificate shall be valid only upon its verification and grant of validity certificate by the Scrutiny Committee. Any person aggrieved by an order of rejection by the competent Authority passed under sub-section (1) of section 4 may prefer an Appeal within 30 days from the date of receipt of the order to the appellate Authority specified by the Government by a notification in the Official Gazette. Upon filing of an Appeal under section 5, the appellate Authority may pass an order confirming or rejecting the order upon satisfying itself about the genuineness or otherwise of the claim of the applicant who shall be given an opportunity to justify his claim of belonging to a particular caste, race or tribe or part of or groups of such caste, race or tribe. In cases where a Caste Certificate has been issued by the competent Authority, the same shall be examined by the Scrutiny Committee constituted under section 6 by a notification in the Official Gazette and the Scrutiny Committee so constituted under section 6 shall have a separate area of jurisdiction. The application for verification of the Caste Certificate shall be made in such form and manner as may be prescribed. It is further provided under sub-section (3) to section 6 that the appointing Authority including the Public Sector Undertakings, Education Institutions, Co-Operative Societies or any other Government-aided Institutions shall make an application for verification of the Caste Certificate and issuing of a validity certificate of the person who is selected for appointment with the Government, Local Authority, Public Sector Undertakings, Educational Institutions, Co-Operative Societies or any other Government-aided Institutions. Section 7 provides for confiscation and cancellation of a false Caste Certificate. A person who is found not belonging to any Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes or Special Backward Category if had obtained false Caste Certificate to the effect that either he or his children belong to such castes, tribes or classes then the Scrutiny Committee may suo moto, or otherwise call for the records and enquire into the correctness of such Caste Certificate. Section 7 further provides that the Scrutiny Committee if forms an opinion that the Caste Certificate was obtained fraudulently then an order for cancellation and confiscation of the Caste Certificate may be passed after following the prescribed procedure and giving the person an opportunity of hearing. Sub-section (2) to section 7 provides that an order passed by the Scrutiny Committee shall be final and can be challenged only before the High Court under Article 226 of the Constitution of India.
9. Having regard to a different procedure to be followed by the Scrutiny Committee for verification of the Scheduled Tribes Caste Certificates, the State Government decided to frame separate Rules for the issuance and verification of the Scheduled Tribes Caste Certificate and such Rules have been framed in exercise of the powers conferred under section 18 of the Maharashtra Caste Regulation and Verification Act to be called as the “Maharashtra Scheduled Tribes (Regulations of issuance and Verification) Certificates Rules, 2003”. Rule 4 lays down the procedure for grant of the Scheduled Tribes Caste Certificate and the provisions thereunder are extracted hereinbelow: “RULE 4. Procedure to be followed by Competent Authority for grant of certificate or rejection of application for Scheduled Tribe Certificate. (1) The Competent Authority shall have jurisdiction to issue Scheduled Tribes Certificate in respect of an applicant who himself or whose father/grand father was ordinarily residing within the territorial jurisdiction of that Competent Authority on the date of notification of the Presidential Order scheduling that particular Tribe. (2) In case the applicant or his father/grand father was not ordinary resident of any place within the jurisdiction of that Competent Authority, temporary residence of applicant for the purposes of service, employment, education or confinement in jail etc. within the territorial jurisdiction of the Competent Authority, shall not confer jurisdiction on that Competent Authority to issue Scheduled Tribe Certificate. (3) On receipt of the application under section 3 of the Act, the Competent Authority shall ensure that the applicant has furnished complete information in all respects and shall give the acknowledgement with the date or receipt of the application alongwith the list of documents furnished by the applicant with the application. (4) The Competent Authority shall maintain a register of such applications in Form B. (5) The Competent Authority shall scrutinise the claim of the applicant and shall satisfy himself about the genuineness of the claim. (6) The Competent Authority shall verify the documents with the original documents and if satisfied about the correctness of the information, documents and evidence furnished by the applicant he shall issue the Scheduled Tribe Certificate in Form C within fifteen days from the date of receipt of the duly completed application. (7) The lists of the applicants to whom the Scheduled Tribe Certificates have been issued or, as the case may be, rejected, during a month, shall be displayed on the notice board of the office of the Competent Authority by the 5th day of the next succeeding month and certificate to that effect shall be recorded in the register. (8) Each such certificate shall bear,- (a) Serial number of the Scheduled Tribe Certificate issued by the competent Authority; (b) Signature and official seal of the Competent Authority;
(c) Serial number of the Scheduled Tribe mentioned in the list of the
(d) Name and designation of the officer, acting as the Competent
Authority, below his signature; (e) Date and place of issuance of Certificate; (9) If the Competent Authority is not satisfied with the claim of the applicant on the scrutiny of evidence produced, the Authority may, after recording reasons therefor, order a further enquiry as he deems fit. For conducting the inquiry, the Competent Authority shall issue a notice, giving a clear fifteen days period from the date of issue of the notice, to the applicant or any other person concerned for attending the enquiry proceedings. (10) Where a person on whom a notice is served under sub-rule (9) by the Competent Authority fails to appear before it, on the date mentioned therein, the Competent Authority shall give one more opportunity to him and then decide the application as well as objections raised, if any, on merits of the case. (11) Where the applicant fails to appear before the Competent Authority, the Competent Authority shall complete the enquiry within a period of thirty days from the date of the order of enquiry. (12) After considering the evidence produced by the applicant or any other person on his behalf, and the statement of the applicant and after taking into account the material gathered by the Competent Authority, if the Competent Authority is satisfied about the genuineness of the claim, he shall grant the Scheduled Tribe Certificate to the applicant within a period of forty-five days from the date of the application. In case the authority is not satisfied, he may reject the application after recording reasons therefor. (13) In case of the rejection of the application, the Competent Authority shall give a copy of the Order, free of cost, immediately, after passing of the Order, to the applicant and obtain an acknowledgement thereof. The Competent Authority shall specifically state below the operative part of the Order, that the applicant has a right to appeal and shall mention about the appellate authority and the period of limitation for appeal.”
10. Rule 5 provides for grant of the Scheduled Tribes Caste Certificate to the migrated persons as is the case of the present petitioners. The provisions thereunder are extracted hereafter: “RULE 5. Grant of Scheduled Tribe Certificate to migrated persons. (1) Migration from other States to Maharashtra State:- (a) The Competent Authority, if satisfied, may issue Scheduled Tribe Certificate, in FORM C 1 to an applicant who has migrated to Maharashtra State from any other State or Union Territory, on production of the Scheduled Tribe Certificate issued to his father or grandfather by the concerned Competent Authority of that State. (b) If the Competent Authority feels that before issuing such a Scheduled Tribe Certificate a detailed enquiry is necessary, he may do so through the applicant's State of origin.
(c) A Scheduled Tribe Certificate holder who has migrated to
Maharashtra from the State of his origin for the purpose of seeking education, employment etc., will be deemed to be Scheduled Tribe of the State of his and will be entitled to derive benefits from the State of his origin and not from the State of Maharashtra. Explanation.- For the purpose of sub-rule (1), "Migrant from other State" means-
(i) a person who has migrated to Maharashtra State from any other
(ii) a person whose tribe is scheduled as a Scheduled Tribe in his original State, but not in Maharashtra State and the person whose tribe is scheduled as Scheduled Tribe in Maharashtra State as well as in his original State having his ordinary residence on the date of the notification of Presidential Order scheduling his tribe has been in the State/Union Territory other than Maharashtra would both be treated as migrants. (2) Migration from one district to another district or from the jurisdiction of one Competent Authority to another within the State,- (a) The competent Authority if satisfied may issue Scheduled Tribe Certificate in Form C to an applicant who has migrated from one district to another district or from the jurisdiction of one Competent Authority to another, within the State, on production of the Scheduled Tribe Certificate issued to his father or grandfather, by the concerned Competent Authority of that district. (b) Competent Authority shall issue Scheduled Tribe Certificate in Form C to an applicant of other district from which he had migrated to the present place, on the production of the Scheduled Tribe Certificate issued to his father or grandfather by the then Competent Authority of the district of his father or grandfather's origin at the time of passing of the first Presidential Order dated the 6th September 1950 or thereafter, for Scheduled Tribes. Explanation.- For the purpose of this sub-rule "Migrant within the" means-
(i) the persons who have migrated from one district to another district or the jurisdiction of one Competent Authority to another within the State on or after the first Presidential Order dated the 6th September 1950 for Scheduled Tribes and whose parents had been the ordinary residents of Maharashtra State.
(ii) in the case of persons born after the first Presidential Order dated
6th September 1950, the place of ordinary residence for the purpose of acquiring Scheduled Tribes status, shall be the place of permanent abode of their father, grandfather at the time of the notification of the Presidential Order for Scheduled Tribes. (3) The provisions of sub-rules (9) to (13) of rule 4 shall mutatis mutandis apply in respect of the rejection of application of a migrated person.”
11. This is the statutory scheme that provides under Rule 3 that a person claiming himself to belong to any of the Scheduled Tribes shall submit application in Form-A to the competent Authority for obtaining a Scheduled Tribes Caste Certificate. The applicant is required under sub-Rule (2) to provide (a) the particulars of the Scheduled Tribes, Tribal community part or group of Tribes to which he claims to belong (b) his religion (c) his original place from which he hails (d) a declaration whether he had applied for a Scheduled Tribes Caste Certificate in the State of Maharashtra or in any other State (e) whether the Scheduled Tribes Caste Certificate was issued or refused to any of his near relatives in the State of Maharashtra or in any other State. There are further requirements under sub-Rule (3) which require that the attested copies of the following documents shall be furnished: “(a) (i) extract of the Birth Register in respect of applicant, his father, elderly relatives from paternal side;
(ii) extract of the Primary School Register of the applicant, father or grand father, if available; and
(iii) Primary School leaving certificate of the applicant and his father;
(b) documentary evidence in regard to the Scheduled Tribe and ordinary place of residence prior to the date of notification of such Scheduled Tribe;
(c) an extract of service record (book), the Tribe of the applicant's father or bloodrelatives who are in Government or any other services;
(d) validity certificate, if any, of the father or real uncle or any other elderly relatives from paternal side of the applicant granted by the scrutiny Committee; (e) record or village panchayat record if any; and (f) other relevant documentary evidence, if any. (4) If the applicant is unable to produce any one or more of the documents mentioned in clauses (a) to (f), in such cases, the applicant shall state reasons therefor in his affidavit and the Competent Authority may consider the same and after conducting enquiry as he deems fit, shall decide the claim on merit.”
12. The Sub-Divisional Officer referred to sub-Rule (6) of Rule 5 of the Maharashtra Scheduled Tribes Certificate Rules and observed that if the applicant submits the validity certificate of his blood relation such as father, first cousin, etc. then he shall be issued a Caste Certificate by the competent Authority without demanding any other documents or evidence. Although a report from the Tahsildar, Aatpadi records that the applicants have produced proof of the residence prior to 6th September 1950, the Sub-Divisional Officer declined to issue the Scheduled Tribes Caste Certificate of “Koli Mahadev” on the ground that the petitioners did not submit any proof that they belong to “Koli Mahadev” before 1950. The Tahsildar, Aatpadi had issued a direction through letter dated 28th April 2022 for causing a field verification and to confirm the caste of the petitioners after making enquiries from two prominent persons of village Lingiware. This is the case pleaded by the petitioners that they appeared before the Gram Panchayat and marked their presence on 27th May 2022 and a Panchnama was prepared by Panch Lok. It is recorded in the said Panchnama that the Pancha, Mandal Officer and Talathi who is the Revenue Officer visited the house of the petitioner no.1 and recorded their observation that he was residing in Lingiwari for the last 40 years. The Panchanama also records that the ancestral village of the family of the petitioners was Rajewadi and their family occupation was farming. The statement of the petitioner no.1 was recorded whereunder he stated that there was a landed property at village Rajewadi in the name of his father and he migrated to Lingiware for education of his children. The petitioner no. 1 produced a copy of the Caste Certificate issued in the name of his uncle Mahadev Sakharam Pund which records that his uncle belongs to Scheduled Tribe “Mahadev Koli”. On the basis of these documents, the petitioners claimed that their ancestral village was within the district Sangli and it was not within maritime zone and their family was engaged in farming and not in the occupation of fishing. The inquiry report submitted by the Mandal Officer recorded the aforementioned facts but he did not record a conclusive opinion on the ground that no document was produced by the petitioners to establish that they belong to the Scheduled Tribe “Koli Mahadev” prior to 1950.
13. As noticed above, provisions have been made under the statutory regime to obtain Caste Certificate in order to claim the benefit of any reservation provided to such castes, tribes or classes for taking any public employment, seeking admission in any educational institution or any other benefit under any special provision made under Clause 4 of Article 15 of the Constitution of India. Section 4 of the Maharashtra Caste Regulation and Verification Act mandates that the competent Authority on being satisfied about the genuineness of the claim made by the applicant shall issue a Caste Certificate after following the procedure prescribed and within such time limit as may be prescribed or reject the application for reasons to be recorded in writing. Under section 6, the Government is required to constitute one or more Scrutiny Committee for verification of the Caste Certificates issued by the competent Authority under sub-section (1) of section 4. In relation to the persons belonging to the Scheduled Tribe, the Maharashtra Scheduled Tribes Rules lay down the procedure to be followed by the applicant and the competent Authority for grant of certificate or rejection of application for Scheduled Tribes Caste Certificate. The learned State counsel referred sub-Rule (2) to Rule 5 of the Maharashtra Scheduled Tribes Rules which provides that the person who migrated from one district to another district or from the jurisdiction of one competent Authority to another within the State may submit his application and the competent Authority on being satisfied may issue Scheduled Tribes Caste Certificate in form “C” on production of the Scheduled Tribes Caste Certificate issued by the concerned competent Authority of that district to his father or grandfather. Before that, sub-Rule (2) to Rule 4 provided that the competent Authority shall not have any jurisdiction to issue the Scheduled Tribes Caste Certificate if the applicant or his father or grand father was not ordinarily residing in any place within his jurisdiction and temporary residence of the applicant for the purpose of service, employment, education etc., shall not be a ground to entertain an application on his behalf for issuance of Scheduled Tribes Caste Certificate. The procedure to be followed by the competent Authority for grant of Scheduled Tribes Caste Certificate has been laid down under Rule 4. It is provided therein that the competent Authority shall issue a Scheduled Tribes Caste Certificate in Form-C within 15 days from the date of receipt of the duly completed application which shall contain the details of the documents required under sub-Rule (3) to Rule 2. It is further provided under sub-Rule (12) of Rule 4 that the competent Authority shall grant the Scheduled Tribes Caste Certificate within a period of 45 days from the date of the application, after causing an inquiry as deem fit, and if he is satisfied on considering the evidence produced by the applicant and the materials gathered by him about the genuineness of the claim. Sub-Rule (3) to Rule 3 provides that the applicant shall furnish (i) extract of Birth Register in respect of his own birth or relating to his father or elderly relatives from paternal side, extract of Primary School admission register and his own or his father or his grand father alongwith primary school leaving certificate of son or his father, (ii) documentary evidence regarding Scheduled Tribe and his ordinary place of residence prior to date of notification of such Scheduled Tribes, (iii) service record mentioning the applicant’s father’s or blood relatives’, tribe who are in Government or any other services, (iv) validity certificate of father or real uncle or any other elderly relatives from parental side granted by Scrutiny Committee, (v) revenue record or the village panchayat record or any other relevant documentary evidence.
14. The learned counsel for the petitioners contended that this is not the ground of rejection that the application for the Scheduled Tribes Caste Certificate was incomplete or, that, the documents mentioned under sub-Rule (3) were not furnished by the petitioners. The learned counsel for the petitioner contended that the rejection of the application for the Scheduled Tribes Caste Certificate to the petitioners reflects non application of mind on the part of the Sub-Divisional Officer and the appellate Authority overlooked the fact that the competent Authority did not adhere to procedural fairness. The learned counsel for the petitioners further submitted that sub-Rule (4) provides an opportunity to the applicant to file an affidavit stating the reasons for not producing any one or more of the documents mentioned under Clauses (a) to (f) to sub-Rule (3) but no such opportunity was given to the petitioners. We also find that no inquiry as contemplated under the Rules was held but the Scheduled Tribes Certificate Scrutiny Committee dismissed the Appeal merely observing that the petitioners had failed to produce any documentary evidence prior to 1950. Whereas, Rule 4 provides that if the applicant furnishes reasons in his affidavit as to why he was unable to produce any one or more of the documents, the competent Authority may hold an enquiry as he deems fit and consider the explanation offered by the applicant in his affidavit and then decide the claim on merits. This is also relevant to note that the caste entries of the Scheduled Tribe people in the various old records of real Mahadeo Koli are also found as Koli but the Scheduled Tribes Certificate Scrutiny Committee did not verify the culture, traditions, costumes, surnames, marriages systems, festivals, way of worship and goddess etc. of the petitioners and did not afford them opportunity to establish their affinity towards the Scheduled Tribe Mahadeo Koli. The Constitution of India permits protective discrimination and provides for reservations in admissions and public employments so as to enable the disadvantaged group to come on the same platform as that of the other community. The competent Authority and the Scheduled Tribes Certificate Scrutiny Committee have to be very cautious to ensure that any person, who is not entitled to, does not take the advantage of the beneficent provisions in the Constitution by obtaining the benefits of reservation and other benefits provided under the Presidential Order but, at the same time, the statutory Authorities must not act in an arbitrary manner to deprive the persons belonginging to the Scheduled Tribes their rightful claim.
15. Notwithstanding the aforementioned provisions under the extant Rules, the application of the petitioners relying on the Caste Certificate issued to their blood relative has been rejected on the ground that they failed to submit any evidence of them belonging to the Scheduled Tribe prior to 1950. The impugned orders are passed in a mechanical manner and without a proper application of mind. The discharge of quasi-judicial function is not meant as a matter of usage for the rituals’ sake. There are important principles of law that guide a quasi-judicial decision. An order of the quasi-judicial Authority must be characterized by due care and consideration of relevant facts. A mechanical or casual approach signifies non-application of mind which may render the decision legally infirm. The expression “non-application of mind” refers to an order which does not furnish the reasons germane to the issues in question and fails to take note of the relevant statutory provisions. It also refers to a situation where a quasi-judicial Authority makes a decision or order ignoring the relevant facts, evidence and legal principles. It essentially means that the quasi-judicial Authority acted mechanically or arbitrarily rather than through a reasoned and informed process. The absence of reasons, failure to consider relevant facts, or ignoring the respondent’s explanation are the factors that give a prima-facie indication that the order under challenge was a result of nonapplication of mind. Therefore, ensuring detailed recording of the reasons, a conscious consideration of all relevant materials and proper consideration of the facts and circumstances in the case are essential to withstand the legal scrutiny.
16. In the result, this Court is satisfied that the impugned order dated 9th February 2023 passed by the Scheduled Tribes Certificates Scrutiny Committee, Pune does not sustain a scrutiny in law and is, therefore, quashed. The matter is remitted to the Scheduled Tribes Certificate Scrutiny Committe for taking a fresh decision on the basis of the materials placed on record. The petitioners shall also have liberty to produce additional documents, if any, by filing an additional affidavit before the Committee.
17. Writ Petition No.12621 of 2023 is allowed in the above terms and to the aforesaid extent. [ MANJUSHA DESHPANDE, J. ] [ SHREE CHANDRASHEKHAR, J. ]