SANJAY Vs. SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of the learned Counsel for the parties.

(2.) The challenge raised in the present Writ Petition is to the order passed by the Scrutiny Committee dtd. 22/11/2013 thereby invalidating the petitioner's claim of belonging to 'Thakur' Scheduled Tribe.

(3.) The petitioner in support of his claim of belonging to 'Thakur' Scheduled Tribe relied upon various documents of the pre-constitutional era having the entry 'Thakur'. Amongst them are the documents dtd. 11/3/1941 and 25/6/1947 that were collected by the Vigilance Cell. Similarly, the petitioner relied upon the School Leaving Certificate of his grandfather dtd. 2/3/1936 and 19/8/1937. The Vigilance Cell in its report dtd. 25/9/2013 noted that though the document dtd. 29/2/1928 did not have any reference to the tribe of the petitioner, the subsequent documents prior to 1950 had such entries. It further held that in absence of affinity with persons from the Scheduled Tribe Community, the claim of the petitioner was not liable to be accepted.