Supreme Court of India
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITIversusTHE STATE OF MAHARASHTRA & ORS.
- Citation
- 2023 INSC 286
- Decided
- 24 March 2023
- Disposal
- Reference answered
- Bench
- SANJAY KISHAN KAUL
Holding
The Supreme Court held that the affinity test is not a mandatory or conclusive litmus test; it may be conducted only when the Scrutiny Committee, after an enquiry, is not satisfied with the applicant’s material and refers the case to the Vigilance Cell, and that the Scrutiny Committee is a quasi‑judicial authority.
Summary
The case concerned the interpretation of the Maharashtra Scheduled Castes, Scheduled Tribes, De‑notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and the related 2003 and 2012 Rules. The petitioner challenged the Bombay High Court’s view that an affinity test conducted by the Vigilance Cell is an essential part of every caste‑verification proceeding. The Supreme Court examined the two‑tier verification system, the powers of the Scrutiny Committee, and the circumstances in which a case may be referred to the Vigilance Cell. It held that the affinity test is not a litmus test and is required only when the Scrutiny Committee, after an enquiry, is not satisfied with the documentary material. The Court also affirmed that the Scrutiny Committee exercises quasi‑judicial powers and must record reasons when referring matters to the Vigilance Cell. Consequently, the appeal was dismissed and the reference was answered.
Issues considered
- Whether the affinity test is a mandatory or litmus test for deciding caste claims under the 2000 Act and the Rules.
- Whether the Scrutiny Committee must refer every caste‑verification case to the Vigilance Cell for an affinity test.
- Whether the Scrutiny Committee performs a quasi‑judicial function.
- Whether a caste certificate issued by the Competent Authority is conclusive evidence of caste status.
- Whether the Scrutiny Committee must record reasons when forwarding an application to the Vigilance Cell.
Legislation cited
- Maharashtra Scheduled Castes, De‑notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012
- 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, 2000s. 2, s. 3, s. 4, s. 5, s. 6, s. 9
- Maharashtra Scheduled Tribes (Regulation of Issuance and verification of) Certificate Rules, 2003s. 10, s. 12
Subjects
caste certificateaffinity testScrutiny CommitteeVigilance Cellquasi‑judicialScheduled TribesMaharashtra Actverification of caste claim
Judgment
1100 [2023]
SUPREME COURT 3 S.C.R. 1100
REPORTS [2023] 3 S.C.R.
A MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI
v.
THE STATE OF MAHARASHTRA & ORS.
(Civil Appeal No. 2502 of 2022)
B MARCH 24, 2023
[SANJAY KISHAN KAUL, ABHAY S. OKA AND
MANOJ MISRA, JJ.]
Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
C Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Act, 2000 – ss. 2, 3, 4, 5, 6, 9
– Maharashtra Scheduled Tribes (Regulation of issuance and
verification of) Certificate Rules, 2003 – rr. 10, 12 – Maharashtra
Scheduled Castes, De-notified Tribes, (Vimukta Jatis), Nomadic
D Tribes, Other Backward Classes and Special Backward Category
(Regulation of issuance and verification of) Caste Certificate Rules,
2012 – Whether paramount importance should be given to the
affinity test while adjudicating upon a caste claim on the basis of a
caste certificate issued by a Competent Authority – In other words,
the question is whether the affinity test is a litmus test for deciding
E a caste claim – Held: Only when the Scrutiny Committee after holding
an enquiry is not satisfied with the material produced by the
applicant, the case can be referred to Vigilance Cell – While referring
the case to Vigilance Cell, the Scrutiny Committee must record brief
reasons for coming to the conclusion that it is not satisfied with the
F material produced by the applicant – Only after a case is referred
to the Vigilance Cell for making enquiry, an occasion for the conduct
of affinity test will arise – When an affinity test is conducted by the
Vigilance Cell, the result of the test along with all other material on
record having probative value will have to be taken into
consideration by the Scrutiny Committee for deciding the caste
G validity claim – In short, affinity test is not a litmus test to decide a
caste claim and is not an essential part in the process of the
determination of correctness of a caste or tribe claim in every case.
Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
H
1100
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1101
THE STATE OF MAHARASHTRA
Classes and Special Backward Category (Regulation of Issuance A
and Verification of) Caste Certificate Act, 2000 – Maharashtra
Scheduled Tribes (Regulation of Issuance and verification of)
Certificate Rules, 2003 – Maharashtra Scheduled Castes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation of Issuance
B
and Verification of) Caste Certificate Rules, 2012 – Whether Caste
Scrutiny Committee performs quasi-judicial function – Held :
Scrutiny Committee under the 2000 Act has been entrusted with
various powers of the Civil Court under the Code of Civil Procedure,
1908 – The powers include a power to enforce the attendance of
any witness, to receive evidence on affidavits, to issue commissions C
for the examination of witnesses or documents etc – The scheme of
the 2000 Act and both SC and ST Rules provides for the Scrutiny
Committee holding an enquiry on the caste claim of the applicant,
if necessary, after examining the applicant on oath, recording
evidence of witnesses and calling for documents and records etc. –
D
Scrutiny Committee is expected to record reasons for granting and
rejecting the prayer for issue of caste validity certificates – Thus,
the Scrutiny Committee has all the trappings of a quasi-judicial
authority.
Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward E
Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Act, 2000 – Maharashtra
Scheduled Tribes (Regulation of Issuance and verification of)
Certificate Rules, 2003 – Maharashtra Scheduled Castes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward F
Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Rules, 2012 –There was a
conflict of views expressed in Vijakumar v. State of Maharashtra &
Ors. and Anand v. Committee for Scrutiny and Verification of Tribe
Claims & Ors. regarding recourse to affinity test – Held: In view of
the fact that the 2000 Act and Rules were not considered, the decision G
in the case of Vijakumar is not a binding precedent for the
proposition that in every case, the Scrutiny Committee is required to
take recourse to the affinity test by referring the case to the Vigilance
Cell – This Court record similar reasons as held in the case of Anand
that affinity test will not always be mandatory and/or conclusive. H
1102 SUPREME COURT REPORTS [2023] 3 S.C.R.
A Answering the reference, the Court
HELD: 1. The 2000 Act has introduced a two-tier system
for the verification of caste claims. In view of the express language
used by sub-section (2) of Section 4, the caste certificate issued
by the Competent Authority does not conclusively establish the
B caste claim of the applicant. The person to whom the caste
certificate is granted by the Competent Authority cannot claim
that his caste status has been established. The caste certificate
issued by Competent Authority becomes conclusive evidence of
the caste stated therein only after a detailed enquiry as
contemplated by the 2000 Act and rules framed thereunder is
C made by the Scrutiny Committee and the certificate is validated.
Therefore, when an application made under Section 3 for the grant
of a caste certificate is considered by the Competent Authority,
very detailed scrutiny of material produced by the applicant is
not contemplated. What is contemplated is prima facie satisfaction
D of the genuineness of the caste claim and on the basis of such
satisfaction that a caste certificate as contemplated by sub-section
(1) of Section 4 can be issued. Therefore, sub-section (1) of Section
4 specifically requires the Competent Authority to record reasons
for rejecting the application but there is no such requirement
incorporated of giving reasons while granting a caste certificate.
E However, the Caste Scrutiny Committee is expected to record
reasons both for validating and not validating the caste certificate.
Sub-rule (6) of Rule 4 of the ST Rules provides that the
Competent Authority shall verify the documents produced by the
applicant with the original documents and if satisfied with the
F correctness of the information, documents and evidence furnished
by the applicant, it shall issue a Scheduled Tribe certificate within
15 days from the date of receipt of the application. The time limit
fixed under the said Rule is also a pointer which suggests that
the enquiry to be made by the Competent Authority is a summary
enquiry and a detailed enquiry is not contemplated. The mandate
G of issuing caste certificates within 15 days cannot be accomplished
if the Competent Authority is to hold a detailed enquiry on par
with the one which is required to be held by the Scrutiny
Committee. The law contemplates very detailed scrutiny of the
caste claim by the Scrutiny Committee. If both the Competent
H Authority and the Caste Scrutiny Committee were to make the
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1103
THE STATE OF MAHARASHTRA
same degree of scrutiny and detailed enquiry into caste claims, A
the very object of the two-tier scrutiny will be frustrated. Section
8 provides that the burden of proving a caste claim before the
Competent Authority and the Scrutiny Committee is on the
applicant. For discharging the said burden before the Competent
Authority, it is enough if the applicant produces prima facie
B
material to show that his caste claim is genuine. The burden put
by Section 8 on the applicant to prove his caste status before the
Scrutiny Committee is much higher than the burden which he is
required to discharge before the Competent Authority. [Paras
14, 15][1118-F-H; 1119-A-G]
2. Sub-rule (2) of Rule 12 of the ST Rules clearly provides C
that only if the Scrutiny Committee is not satisfied with the
documentary evidence produced by the applicant, it shall forward
the application to the Vigilance Cell for conducting the school,
home and other enquiry. Therefore, in every case, as a matter of
routine, the Scrutiny Committee cannot mechanically forward the D
application to Vigilance Cell for conducting an enquiry. When
sub-rule (2) of Rule 12 contemplates that only if the Scrutiny
Committee is not satisfied with the documents produced by the
applicant that the case should be referred to Vigilance Cell, it
follows that the Scrutiny Committee is required to pass an order
recording brief reasons why it is not satisfied with the documents E
produced by the applicant. Before referring the case to the
Vigilance Cell, application of mind to the material produced by
the applicant is required and therefore, the application of mind
must be reflected in the order sheets of the Scrutiny Committee.
[Para 19][1123-B-D] F
3. The Scrutiny Committee may be satisfied that the caste
validity certificate relied upon by the applicant has been issued
after making a lawful enquiry. But if the Scrutiny Committee is of
the view that the applicant has not clearly established that the
person to whom caste validity certificate produced on record has G
been granted is his blood relative, in terms of sub-rule (2) of
Rule 12 of the ST Rules, the Caste Scrutiny Committee will have
to refer the case for conducting an enquiry through Vigilance Cell.
In such a case, the Vigilance Cell can be directed by the Scrutiny
Committee to conduct an enquiry limited to the relationship
H
1104 SUPREME COURT REPORTS [2023] 3 S.C.R.
A claimed by the applicant with the person in whose favour the caste
validity certificate has been issued. If, on the basis of the report
of the Vigilance Cell, the Scrutiny Committee is satisfied that the
person in whose favour caste validity certificate has been issued
is a blood relative of the applicant and lawful enquiry has been
conducted before issuing the validity certificate, the Scrutiny
B
Committee will have to issue validity certificate even if the
applicant does not satisfy the affinity test. [Para 23][1125-C-G]
AFFINITY TEST
4. The Vigilance Cell, while conducting an affinity test,
C verifies the knowledge of the applicant about deities of the
community, customs, rituals, mode of marriage, death ceremonies
etc. in respect of that particular Scheduled Tribe. By its very
nature, such an affinity test can never be conclusive. If the
applicant has stayed in bigger urban areas along with his family
for decades or if his family has stayed in such urban areas for
D decades, the applicant may not have knowledge of the aforesaid
facts. It is true that the Vigilance Cell can also question the
parents of the applicant. But in a given case, even the parents
may be unaware for the reason that for several years they have
been staying in bigger urban areas. On the other hand, a person
E may not belong to the particular tribe, but he may have a good
knowledge about the aforesaid aspects. Therefore, the learned
senior counsel, is right when he submitted that the affinity test
cannot be applied as a litmus test. This Court may note here that
question of conduct of the affinity test arises only in those cases
where the Scrutiny Committee is not satisfied with the material
F produced by the applicant. [Para 25][1126-E-G]
WHETHER CASTE SCRUTINY COMMITTEE
PERFORMS QUASI-JUDICIAL FUNCTION
5. On a conjoint reading of the 2000 Act as well as ST and
G SC Rules framed thereunder, it is impossible to conclude that
the Scrutiny Committee discharges only administrative functions.
The Scrutiny Committee under the 2000 Act has been entrusted
with various powers of the Civil Court under the Code of Civil
Procedure, 1908. The powers include a power to enforce the
attendance of any witness, to receive evidence on affidavits, to
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1105
THE STATE OF MAHARASHTRA
issue commissions for the examination of witnesses or documents A
etc. The scheme of the 2000 Act and both SC and ST Rules
provides for the Scrutiny Committee holding an enquiry on the
caste claim of the applicant, if necessary, after examining the
applicant on oath, recording evidence of witnesses and calling
for documents and records etc. The Scrutiny Committee is
B
expected to record reasons for granting and rejecting the prayer
for issue of caste validity certificates. Thus, the Scrutiny
Committee has all the trappings of a quasi-judicial authority. [Para
28][1128-C-F]
DECISIONS IN THE CASES OF VIJAKUMAR &
ANAND C
6. In view of the fact that the 2000 Act and Rules were not
considered, the decision in the case of Vijakumar is certainly not
a binding precedent for the proposition that in every case, the
Scrutiny Committee is required to take recourse to the affinity
test by referring the case to the Vigilance Cell. [Para 29][1129- D
C-D]
7. The decision in the case of Anand in paragraphs 4 and 5
specifically refers to Rule 11 and 12(2) of the ST Rules. This
Court recorded similar reasons earlier as held in paragraph 22 of
Anand for coming to the conclusion that affinity test will not always E
be mandatory and/or conclusive. [Para 30][1129-D; 1130-F-G]
8. Now, coming to the impugned Judgment in Shilpa Vishnu
Thakur’s case. The Full Bench does not lay down that in every
case where the Scrutiny Committee is dealing with a Scheduled
Tribe claim, a reference must be made to the Vigilance Cell. In F
clause (ii) (a) of paragraph 40, the Full Bench records that the
Scrutiny Committee must have regard to the entire body of
evidence, including on the question as to whether the applicant
has satisfied the affinity test. As held earlier, the question of taking
recourse to the affinity test will arise only if the case is referred
G
to Vigilance Cell. In fact, in clause (b) of paragraph 40, the Full
Bench holds that even if an applicant does not have any
documentary evidence it will not ipso facto result into invalidation
of the caste claim. The reason is that in such a case, sub-rule (2)
of Rule 12 will apply and the Vigilance Cell will have to hold an
H
1106 SUPREME COURT REPORTS [2023] 3 S.C.R.
A enquiry including affinity test. Even in such a case, affinity test
will not be conclusive either way as held in clause (2) of paragraph
20 in Anand’s case. In clause (c) of the same paragraph, the Full
Bench of the High Court also holds that even if the applicant
partially satisfies the affinity test, depending upon the nature of
the evidence on record, the Scrutiny Committee has power to
B
validate the claim. Thus, even clause (c) proceeds on the footing
that the affinity test is not conclusive. [Para 34][1132-D-H; 1133-
A]
CONCLUSIONS
9. Thus, to conclude, this Court holds that:
C
(a) Only when the Scrutiny Committee after holding an
enquiry is not satisfied with the material produced by the applicant,
the case can be referred to Vigilance Cell. While referring the
case to Vigilance Cell, the Scrutiny Committee must record brief
reasons for coming to the conclusion that it is not satisfied with
D the material produced by the applicant. Only after a case is
referred to the Vigilance Cell for making enquiry, an occasion for
the conduct of affinity test will arise.
(b) For the reasons recorded, affinity test cannot be
conclusive either way. When an affinity test is conducted by the
E Vigilance Cell, the result of the test along with all other material
on record having probative value will have to be taken into
consideration by the Scrutiny Committee for deciding the caste
validity claim;
(c) In short, affinity test is not a litmus test to decide a
caste claim and is not an essential part in the process of the
F
determination of correctness of a caste or tribe claim in every
case. [Para 36][1133-C-G]
Kumari Madhuri Patil and Another v.
Addl.Commissioner, Tribal Development & Others
(1994) 6 SCC 241 : [1994] 3 Suppl. SCR 50; Anand v.
G Committee for Scrutiny and Verification of Tribe Claims
& Ors. (2012) 1 SCC 113 : [2011] 15 SCR 386; District
Collector, Satara & Anr. v. Mangesh Nivrutti Kashid
(2019) 10 SCC 166 : [2019] 15 SCR 685 – relied on.
Palghat Jilla Thandan Samudhaya Samrakshna Samithi
H & Anr. v. State of Kerala (1994) 1 SCC 359 : [1993] 3
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1107
THE STATE OF MAHARASHTRA
Suppl. SCR 872; State of Maharashtra & Ors. v. Ravi A
Prakash Babulalsing Parmar & Anr. (2007) 1 SCC 80
: [2006] 8 Suppl. SCR 105; Dayaram v. Sudhir Batham
& Ors. (2012) 1 SCC 333 : [2011] 15 SCR 1092; J.
Chitra v. District Collector & Chairman, State Level
Vigilance Committee, Tamil Nadu & Ors. (2021) 9 SCC
B
811 – referred to.
Vijakumar v. State of Maharashtra & Ors. (2010) 14
SCC 489 – Not a binding precedent.
Shilpa Vishnu Thakur v. State of Maharashtra 2009 (3)
Mh.LJ (F.B) 995; Apoorva d/o Vinay Nichale v.
Divisional Committee 2010 (6) Mh.LJ – referred to. C
Case Law Reference
[1994] 3 Suppl. SCR 50 relied on Para 2
[2011] 15 SCR 386 relied on Para 4
[2019] 15 SCR 685 relied on Para 6 D
[1993] 3 Suppl. SCR 872 referred to Para 7
[2006] 8 Suppl. SCR 105 referred to Para 8
[2011] 15 SCR 1092 referred to Para 11
CIVIL APPELLATE JURISDICTION : Civil Appeal No.2502
of 2022. E
From the Judgment and Order dated 07.05.2009 of the High Court
of Judicature at Bombay in Writ Petition No.9659 of 2007.
With
Civil Appeal Nos.2772, 2536-2537, 2533, 2532, 2534, 2518, 2517,
2525, 2520, 2527, 2526, 2538, 2541, 2535, 2546 of 2022, 3922-3923 of F
2019, 2544-2545, 2512, 2543, 2542, 2529, 2540, 2539, 2503, 2514, 2519,
2524, 2510, 2506, 2509, 2508, 2507 of 2022, 8603, 8605 of 2010, 2504,
2505, 2511, 2530, 2522, 2516, 2521, 2531, 2523, 2528, 2513 of 2022,
9335 of 2013 and 2515 of 2022.
Ms. Madhvi Divan, A.S.G., Mrs. V. Mohana, Ravi K. Deshpande, G
Shekhar Naphade, Ravi Prakash Mehrotra, Sanjay R. Hegde, Mrs.
Meenakshi Arora, Shyam Divan, R. Bala, M. N. Rao, Sr. Advs., Rajat
Joseph, Vivek C. Solshe, Varun V. Solshe, Anjani Kumar Jha, Abhijeet
Sinha, M/s. Lambat and Associates, Shashwat Goel, Satyajit A. Desai,
Ms. Anagha S. Desai, Vijay Raj Singh Chauhan, Anshu Deshpande,
H
1108 SUPREME COURT REPORTS [2023] 3 S.C.R.
A Siddharth Gautam, Gajanan N. Tirthkar, Rameshwar Prasad Goyal, Gagan
Sanghi, Ms. Ashwariya Dash, Dr. Prashant Pratap, Chander Shekhar
Ashri, Amlan Kumar Ghosh, Ms. Preeti Rane, Ashish Pandey, Apoorv
Srivastava, Shirish K. Deshpande, Ms. Rucha Pravin Mandlik, Mohit
Gautam, Shahrukh Ali, Ananta Ramteke, Rahul Sharma, Sudhanshu S.
Choudhari, Mahesh P. Shinde, Ms. Rucha A. Pande, M. Veeraragavan,
B
Ms. Farah Hashmi, Ms. Aishwarya Dash, R. P. Gupta, Anand Sukumar,
Kshitij Mittal, S. Sukumaran, Bhupesh Kumar Pathak, Ms. Meera Mathur,
Nishant Ramakantrao Katneshwarkar, Sachin Patil, Ms. Mayuri
Raghuvanshi, Vyom Raghuvanshi, Ms. Akanksha Rathore, Yogesh Malik,
Ravindra Keshavrao Adsure, Pravin Patil, Sidheshwar Namdev Biradar,
C Yash Prashant Sonavane, Siddharath Dharmadhikari, Aaditya Aniruddha
Pande, Bharat Bagla, Ms. Kirti Dadheech, Nikilesh Ramachandran,
Gurmeet Singh Makker, Ms. Vimla Sinha, Anmol Chandan, Uday Khanna,
Pratik R. Bombarde, Subhash Kumar, Dharama Datta Verma, Abhishek
Kumar, Gopal Balwant Sathe, M/s. Black & White Solicitors, Suhaskumar
Kadam, Bhargava V. Desai, Rahul Gupta, Siddhartha Chowdhury, Utkarsh
D
Vats, Deepanshu, Ms. Bharti Tyagi, J.N. Singh, Saurabh Mishra, Mrs.
Sadhna Singh, Abhishek Singh, Ms. Priya Kaushik, Sudarsh Menon,
Samarendra Beura, Rajesh Rathore, Ms. Usha Rani Pradhan, Ajai
Kumar Bhatia, Chirag M. Shroff, Ms. Pallavi Sharma, Gaurav Agrawal,
Amol B. Karande, Mahesh B Karande, Narender Rao Thaneer, Ms.
E Jaswanti, Ms. Aaina Varma, Nitin Meshram, Narayan Jambhule, Ritesh
Patil, Ranbir Singh Yadav, Abhijit S. Kamble, Hitesh Kumar Sharma, S.
K. Rajora, Ms. Niharika Dewivedi, Narender Pal Sharma, Amit Kumar
Chawla, Ravish Kumar Goyal, Madhvi S. Sawnt, Advs. for the appearing
parties.
F The Judgment of the Court was delivered by
ABHAY S. OKA, J.
PRELUDE
1. Pursuant to Article 342 of the Constitution of India, a list of
Scheduled Tribes was notified by the Constitution (Scheduled Tribes)
G Order, 1950 (for short ‘the ST Order’). By an Act of Parliament of
1976, the ST Order was amended. Part IX of the Third Schedule to the
1976 Act contains a list of notified Scheduled Tribes for the State of
Maharashtra. At Entry no.44 in the Maharashtra List, the following castes
have been notified as Scheduled Tribes:-
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1109
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
“Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, A
Ma Thakar”.
2. Various issues concerning the procedure to be followed for the
determination of caste claims arose in a large number of cases. In the
case of Kumari Madhuri Patil and Another v. Addl. Commissioner,
Tribal Development & Others1, this Court noted that it was necessary B
to streamline the procedure for issuance of social status certificates,
their scrutiny and their approval. The need to lay down procedural
guidelines was felt as several cases were noticed where candidates on
the basis of false social status certificates obtained admissions to
educational institutions which necessarily had the effect of depriving
admissions to genuine candidates belonging to Scheduled Castes or C
Scheduled Tribes. There was no law in force at that time laying down
the procedure for the verification of caste status. Therefore, very
exhaustive guidelines were laid down in paragraph 13 of the said decision.
The relevant part of Paragraph 13 of the said decision reads thus:
“13. The admission wrongly gained or appointment wrongly D
obtained on the basis of false social status certificate necessarily
has the effect of depriving the genuine Scheduled Castes or
Scheduled Tribes or OBC candidates as enjoined in the Constitution
of the benefits conferred on them by the Constitution. The genuine
candidates are also denied admission to educational institutions or
E
appointments to office or posts under a State for want of social
status certificate. The ineligible or spurious persons who falsely
gained entry resort to dilatory tactics and create hurdles in
completion of the inquiries by the Scrutiny Committee. It is true
that the applications for admission to educational institutions are
generally made by a parent, since on that date many a time the F
student may be a minor. It is the parent or the guardian who may
play fraud claiming false status certificate. It is, therefore,
necessary that the certificates issued are scrutinised at the earliest
and with utmost expedition and promptitude. For that purpose,
it is necessary to streamline the procedure for the issuance
G
of social status certificates, their scrutiny and their approval,
which may be the following:
1. The application for grant of social status certificate shall be
made to the Revenue Sub-Divisional Officer and Deputy Collector
1
(1994) 6 SCC 241 H
1110 SUPREME COURT REPORTS [2023] 3 S.C.R.
A or Deputy Commissioner and the certificate shall be issued by
such officer rather than at the Officer, Taluk or Mandal level.
2. The parent, guardian or the candidate, as the case may be,
shall file an affidavit duly sworn and attested by a competent
gazetted officer or non-gazetted officer with particulars of castes
B and sub-castes, tribe, tribal community, parts or groups of tribes
or tribal communities, the place from which he originally hails
from and other particulars as may be prescribed by the Directorate
concerned.
3. Application for verification of the caste certificate by the Scrutiny
C Committee shall be filed at least six months in advance before
seeking admission into educational institution or an appointment
to a post.
4. All the State Governments shall constitute a Committee of three
officers, namely, (I) an Additional or Joint Secretary or any officer
D high-er in rank of the Director of the department concerned, (II)
the Director, Social Welfare/Tribal Welfare/Backward Class
Welfare, as the case may be, and (III) in the case of Scheduled
Castes another officer who has intimate knowledge in the
verification and issuance of the social status certificates. In the
case of the Scheduled Tribes, the Research Officer who has
E intimate knowledge in identifying the tribes, tribal communities,
parts of or groups of tribes or tribal communities.
5. Each Directorate should constitute a Vigilance Cell
consisting of Senior Deputy Superintendent of Police in
over-all charge and such number of Police Inspectors to
F investigate into the social status claims. The Inspector would
go to the local place of residence and original place from which
the candidate hails and usually resides or in case of migration to
the town or city, the place from which he originally hailed from.
The vigilance officer should personally verify and collect all the
G facts of the social status claimed by the candidate or the parent or
guardian, as the case may be. He should also examine the school
records, birth registration, if any.He should also examine the
parent, guardian or the candidate in relation to their caste
etc. or such other persons who have knowledge of the social
status of the candidate and then submit a report to the
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1111
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
Directorate together with all particulars as envisaged in A
the pro forma, in particular, of the Scheduled Tribes relating
to their peculiar anthropological and ethnological traits,
deity, rituals, customs, mode of marriage, death ceremonies,
method of burial of dead bodies etc. by the castes or tribes
or tribal communities concerned etc.
B
6. The Director concerned, on receipt of the report from the
vigilance officer if he found the claim for social status to be “not
genuine” or ‘doubtful’ or spurious or falsely or wrongly claimed,
the Director concerned should issue show-cause notice supplying
a copy of the report of the vigilance officer to the candidate by a
registered post with acknowledgement due or through the head C
of the educational institution concerned in which the candidate is
studying or employed. The notice should indicate that the
representation or reply, if any, would be made within two weeks
from the date of the receipt of the notice and in no case on request
not more than 30 days from the date of the receipt of the notice. D
In case, the candidate seeks for an opportunity of hearing and
claims an inquiry to be made in that behalf, the Director on receipt
of such representation/reply shall convene the committee and the
Joint/Additional Secretary as Chairperson who shall give
reasonable opportunity to the candidate/parent/guardian to adduce
all evidence in support of their claim. A public notice by beat of E
drum or any other convenient mode may be published in the village
or locality and if any person or association opposes such a claim,
an opportunity to adduce evidence may be given to him/it. After
giving such opportunity either in person or through counsel, the
Committee may make such inquiry as it deems expedient and F
consider the claims vis-à-vis the objections raised by the candidate
or opponent and pass an appropriate order with brief reasons in
support thereof.
7. In case the report is in favour of the candidate and found to be
genuine and true, no further action need be taken except where G
the report or the particulars given are procured or found to be
false or fraudulently obtained and in the latter event the same
procedure as is envisaged in para 6 be followed.
8. Notice contemplated in para 6 should be issued to the parents/
guardian also in case candidate is minor to appear before the H
1112 SUPREME COURT REPORTS [2023] 3 S.C.R.
A Committee with all evidence in his or their support of the claim
for the social status certificates.
9. ……………….
10. ……………..
B 11. The order passed by the Committee shall be final and conclusive
only subject to the proceedings under Article 226 of the
Constitution.
12. No suit or other proceedings before any other authority should
lie.”
C (emphasis added)
3. The aforesaid guidelines were formulated obviously in the
exercise of jurisdiction under Article 142 of the Constitution as this Court
found that there was no legislation operating in the field. So far as the
State of Maharashtra is concerned, with effect from 18th October 2001,
D 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 2000 Act’) was brought into force.
The 2000 Act contains a very elaborate mechanism for regulating the
issue and verification of caste certificates to persons belonging to various
E
categories of backward classes. A two-level mechanism was provided.
The first level is of the Competent Authority issuing a caste certificate
which is valid only subject to verification and grant of validity certificate
by the Scrutiny Committee constituted under the 2000 Act. Power is
vested in the Scrutiny Committee constituted under Section 6 to verify
F the correctness of the caste certificates issued by the Competent
Authority. Section 9 confers powers on the Competent Authority and
the Scrutiny Committee of a civil court of summoning and enforcing the
attendance of witnesses, requiring the discovery and inspection of
documents, receiving evidence on affidavits, requisitioning any public
record or a copy thereof from any Court or office and issuing Commissions
G
for the examination of witnesses or production of documents. Rule-
making power under the 2000 Act was exercised by framing the
Maharashtra Scheduled Tribes (Regulation of Issuance and verification
of) Certificate Rules, 2003 (for short “the ST Rules”). Similarly, the
Maharashtra Scheduled Castes, De-notified Tribes, (Vimukta Jatis),
H Nomadic Tribes, Other Backward Classes and Special Backward
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1113
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
Category (Regulation of Issuance and Verification of) Caste Certificate A
Rules, 2012 (for short ‘the SC Rules’) were framed. Elaborate provisions
for the constitution of the Scrutiny Committee as well as the procedure
to be followed by the Competent Authority, and the Scrutiny Committee
have been laid down by the Rules applicable to both categories. Rule 10
and Rule 12 of the ST Rules provide for the constitution of Vigilance
B
Cells to assist the Scrutiny Committees for Scheduled Castes and
Scheduled Tribes respectively for conducting an enquiry. The Vigilance
Cell established under ST Rules consists of a Senior Deputy
Superintendent of Police, Police Inspectors, Police Constables to assist
the Police Inspector and a Research Officer. The SC Rules specifically
provide for the Vigilance Cell to conduct affinity test. There is some C
controversy about whether the vigilance cell constituted under the ST
Rules has a power to conduct affinity test. We are dealing with the said
issue. The Vigilance Cell is required to enquire about anthropological
and ethnological traits, deities, rituals, customs, mode of marriage, death
ceremonies, method of disposal of dead bodies etc. by the castes or
D
tribes or tribal communities concerned. As a part of the affinity test, a
candidate who has obtained a caste certificate from Competent Authority
is tested to ascertain whether he has knowledge about the aforesaid
factors pertaining to the particular caste/tribe.
CONTROVERSY
E
4. By the order dated 24th March 2022, the present group of cases
was referred to a larger Bench. The challenge in the lead case (Civil
Appeal No. 2502 of 2022) is to a decision of a Full Bench of the Bombay
High Court in the case of Shilpa Vishnu Thakurv. State of
Maharashtra2. The Full Bench of the Bombay High Court has interpreted
the provisions of the 2000 Act as well as ST Rules. The impugned F
judgment discusses and lays down various procedural aspects to be
followed by the Scrutiny Committee. The Full Bench of the Bombay
High Court has held that the affinity test is an integral part of the
determination of the correctness of the caste claim. In the order dated
24th March 2022, a Bench of this Court noted that there was a conflict G
of views expressed in two decisions of coordinate Benches of this Court.
The first case is of Vijakumar v. State of Maharashtra & Ors.3 and
the second case is of Anand v. Committee for Scrutiny and
2
2009 (3) Mh.LJ (F.B) 995
3
(2010) 14 SCC489
H
1114 SUPREME COURT REPORTS [2023] 3 S.C.R.
A Verification of Tribe Claims & Ors.4. In paragraph 9 of the decision
in the case of Vijakumar3, this Court held that if a candidate fails the
affinity test at any stage, a caste validity certificate cannot be granted to
him. In the case of Anand4, it was held that the affinity test is not the
only criteria for deciding a caste claim based on a caste certificate issued
by a Competent Authority. It was held that it can be used to corroborate
B
the documentary evidence. The question to be decided is whether
paramount importance should be given to the affinity test while
adjudicating upon a caste claim on the basis of a caste certificate issued
by a Competent Authority. In other words, the question is whether the
affinity test is a litmus test for deciding a caste claim.
C CONTENTIONS OF THE PARTIES
5. Main submissions have been made on behalf of the appellants
in Civil Appeal No. 2502 of 2022 by Shri Shekhar Naphade, learned
senior counsel. He has taken us through the 2000 Act and ST Rules.
Relying upon the decision in the case of Kumari Madhuri Patil1, he
D urged that the documents which pertain to the pre-Constitution period
have the greatest probative value. He submits that if such documents in
support of caste claim are presented before the Scrutiny Committee,
and if the same are found to be relevant and genuine, there is no occasion
for the Scrutiny Committee to order an enquiry through Vigilance Cell.
E Similarly, if blood relatives of the person applying for verification before
the Caste Scrutiny Committee have been granted caste validity certificates,
no further enquiry by the Scrutiny Committee is called for. In both cases,
it is the duty of the Caste Scrutiny Committee to validate the caste
certificate. He invited our attention to Rule 12 of the ST Rules which
lays down the procedure to be followed by the Scrutiny Committee. He
F pointed out that sub-rule (2) provides that only if Scrutiny Committee is
not satisfied with the documentary evidence produced by the applicant,
it can order enquiry through Vigilance Cell. He pointed out that the
question of the conduct of the affinity test arises only after the case is
forwarded to the Vigilance Cell after the Scrutiny Committee comes to
G the conclusion that the documents produced by the applicant are not
sufficient to prove the caste claim. He submitted that the Scrutiny
Committee could not mechanically refer a case to the Vigilance Cell
without recording satisfaction that the documents produced by the
applicant were not sufficient to validate the casteclaim.
4
(2012) 1 SCC 113
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1115
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
6. He relied upon a decision of the Bombay High Court in the A
case of Apoorva d/o Vinay Nichale v. Divisional Committee5. He
submitted that if an applicant successfully establishes his caste claim on
the basis of documents relating to the pre-Constitution period or
documents having probative value or a caste validity certificate granted
to his blood relative, it is not necessary to apply the affinity test. In short,
B
his submission is that the affinity test is not a litmus test. He submitted
that the view taken by this Court in the case of Anand4is based on the
interpretation of the 2000 Act and the ST Rules. He pointed out that
Vijakumar’s3 case has been decided by this Court before the ST Rules
came into force. He would urge that there are no reasons recorded in
the decision to suggest that the affinity test in every case is mandatory. C
The learned counsel pressed into service a decision of this Court in the
case of District Collector, Satara & Anr. v. Mangesh Nivrutti
Kashid6. He pointed out that this Court clearly stated that Vigilance
Cell’s assistance is not required to be taken in every case but only when
the Scrutiny Committee is not satisfied with the documents produced by
D
the applicant. He also pointed out that an applicant who is a member of
a Scheduled Tribe and who has been staying in an urban area may not
be conversant with the traits, characteristics, ceremonies, and deities of
the tribe. Learned senior counsel also relied upon a decision of the Bombay
High Court in Writ Petition No.4198 of 2005 dated 1st August 2018,
which holds that in view of the decision of this Court in the case of E
Anand4, the impugned judgment in the case of Shilpa Vishnu Thakur2
stands impliedly overruled. He would, therefore, submit that the impugned
judgment calls for modification and it must be held that the affinity test is
not of paramount importance while deciding a caste claim in accordance
with the 2000 Act and the ST rules.
F
7. Smt. V. Mohna, learned senior counsel appearing in a connected
case heavily relied upon a decision of this Court in the case of Palghat
Jilla Thandan Samudhaya Samrakshna Samithi & Anr. v. State of
Kerala7. She submitted that the State Government or Scrutiny Committee
cannot hold any enquiry to determine whether or not some particular
community falls within the ST order. She submitted that the State G
Government cannot make an effort to indirectly modify the Third
Schedule under the ST Order as the modification can be carried out only
5
2010 (6) Mh.LJ page 401
6
(2019) 10 SCC 166
7
(1994) 1 SCC 359 H
1116 SUPREME COURT REPORTS [2023] 3 S.C.R.
A in accordance with Article 341 of the Constitution. Her submission is
that in a given case if the documents having probative value show that
the applicant belongs to the Thakur caste or belongs to any other caste
notified in the Third Schedule to the 1976 Act, there is no question of
holding any affinity test.
B 8. Shri Shyam Divan, the learned senior counsel appearing for the
State of Maharashtra pointed out that it is judicially recognised that the
surname Thakur is shared by both forward and backward class
communities. He placed reliance on the decision in the case of State of
Maharashtra & Ors. v. Ravi Prakash Babulalsing Parmar & Anr.8
He pointed out that even in the impugned judgment, this factual aspect
C has been elaborately dealt with. He pointed out that under the provisions
of the 2000 Act, an inquiry is required to be made at three stages. The
first is an inquiry by a Competent Authority for ascertaining the
genuineness of the claim of the applicant on the basis of documents
produced by him. If prima facie, the Competent Authority is satisfied
D with the documents, it has to issue a caste certificate which is subject to
verification. The second stage is of domestic and school enquiry to be
conducted by Vigilance Cell which will include an affinity test and the
third stage is of verification and scrutiny by the Scrutiny Committee
which is a quasi-judicial authority.
E 9. In the written submissions filed by him, he has contended that
even if validity certificates have been issued by the Scrutiny Committee
in case of near relatives of the applicant, the Scrutiny Committee has to
apply an affinity test as an integral part of the process of assessing the
entire evidence again to ensure that illegality is not perpetuated. He
submitted that there are cases where a validity certificate is issued to a
F near relative by mistake or fraud or without holding an enquiry as
contemplated by law or without recording any reasons. A submission is
made that the Scrutiny Committee can also go into the question whether
the earlier validity certificate has been issued based on an erroneous
order of the High Court. The submission canvassed is what is held in
G paragraph 22.1 in the decision in Anand’s case4 is erroneous.
10. It is submitted on behalf of the State Government that in a
given case, the applicant may not be fully conversant with the traits,
religious ceremonies of the tribe or deities etc. Therefore, the Vigilance
8
(2007) 1 SCC 80
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1117
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
Cell is required to examine even the parents of the applicant. The State A
Government urged that in the case of Scheduled Tribe Thakur, a different
test will apply as persons with this surname belong even to forward
classes. Therefore, in the case of the tribe claim of Thakur, pre-
Constitution documents containing the candidate’s surname as Thakur
are of no consequence. Therefore, in the case of the tribe claim of
B
Thakur, an affinity test has to be applied. The submission of the State is
that the view taken in the case of Vijakumar3 is correct and necessary
clarifications will have to be issued regarding findings rendered in the
case of Anand4 in paragraph 22.
11. Shri Ravi K. Deshpande, the learned senior counsel appearing
in one of the connected matters urged that the Scrutiny Committee C
constituted under the 2000 Act is not a quasi-judicial authority. He
submitted that in the case of Dayaram v. Sudhir Batham & Ors.9, this
Court held that Scrutiny Committee is not a quasi-judicial authority but it
is an administrative authority. He also urged that the decision in the case
of Dayaram9 has been followed by this Court in the case of J. Chitra v. D
District Collector & Chairman, State Level Vigilance Committee,
Tamil Nadu & Ors.10 He submitted that the finding of the High Court
that the affinity test is an integral part of an enquiry by the Scrutiny
Committee has no legal basis at all. His submission is that Anand’s
case4 has been correctly decided and to that extent, the impugned
judgment in the case of Shilpa Vishnu Thakur2 will have to be modified. E
One of the interveners also relied upon the provisions of the SC Rules
and submitted that though the same specifically empower the Vigilance
Cell to conduct affinity tests, such a provision is absent in the ST Rules.
OUR VIEW
F
12. We have already made a reference in detail to the directions
issued by this Court in the case of Kumari Madhuri Patil1. A co-
ordinate Bench in the case of Dayaram9, in paragraph 35 of its decision,
held that the directions issued by this Court in paragraph 13 of Kumari
Madhuri Patil’s case1 were issued as there was no statute governing
the field of verification of caste claims of Scheduled Castes, Scheduled G
Tribes, Nomadic Tribes and Other Backward Classes. Therefore, it was
held that the directions issued in the case of Kumari Madhuri Patil1
would apply only until appropriate legislation is enacted. Hence, after
9
(2012) 1 SCC 333
10
(2021) 9 SCC 811 H
1118 SUPREME COURT REPORTS [2023] 3 S.C.R.
A the 2000 Act came into force, only the provisions of the said enactment
will prevail.
13. Therefore, we will have to interpret the provisions of the 2000
Act. The 2000 Act came into force on 18th October 2001. As can be
noticed from the title, the 2000 Act deals with the regulation of issuance
B and verification of caste certificates in respect of persons belonging to
Scheduled Tribes, De-notified tribes, Nomadic Tribes, Other Backward
Classes and Special Backward Category. Under the scheme of the 2000
Act, an application for the grant of caste certificates is to be made to the
Competent Authority as defined under Section 2(b). The Competent
Authority is mandated to follow the procedure prescribed by the Rules.
C After following the procedure prescribed, if the Competent Authority is
satisfied that the claim made by the candidate is genuine, it can issue a
caste certificate in a prescribed form. Sub-section (1) of Section 4, for
good reasons, specifically provides that if the application is rejected, the
reasons for the rejection must be recorded. As an order rejecting the
D application for the grant of a caste certificate is made appealable under
sub-section (1) of Section 5, the appellate authority should have the benefit
of the reasons for rejection.
14. Under Section 9, the Competent Authority, Appellate Authority
and Scrutiny Committee have been granted powers of Civil Court under
E the Code of Civil Procedure, 1908 of summoning and enforcing the
attendance of any person and examining him on oath, requiring the
discovery and production of any documents, receiving evidence on
affidavits, requisitioning any public record or copy thereof from any Court
or office and issuing commissions for the examination of witnesses or
documents. However, the nature and extent of the inquiry which is
F required to be made by the Competent Authority and by the Scrutiny
Committee differ. The 2000 Act has introduced a two-tier system for
the verification of caste claims. In view of the express language used by
sub-section (2) of Section 4, the caste certificate issued by the Competent
Authority does not conclusively establish the caste claim of the applicant.
G The person to whom the caste certificate is granted by the Competent
Authority cannot claim that his caste status has been established. The
caste certificate issued by Competent Authority becomes conclusive
evidence of the caste stated therein only after a detailed enquiry as
contemplated by the 2000 Act and rules framed thereunder is made by
the Scrutiny Committee and the certificate is validated. Therefore, when
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1119
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
an application made under Section 3 for the grant of a caste certificate A
is considered by the Competent Authority, very detailed scrutiny of
material produced by the applicant is not contemplated. What is
contemplated is prima facie satisfaction of the genuineness of the caste
claim and on the basis of such satisfaction that a caste certificate as
contemplated by sub-section (1) of Section 4 can be issued. Therefore,
B
sub-section (1) of Section 4 specifically requires the Competent Authority
to record reasons for rejecting the application but there is no such
requirement incorporated of giving reasons while granting a caste
certificate. However, the Caste Scrutiny Committee is expected to record
reasons both for validating and not validating the caste certificate. Sub-
rule (6) of Rule 4 of the ST Rules provides that the Competent Authority C
shall verify the documents produced by the applicant with the original
documents and if satisfied with the correctness of the information,
documents and evidence furnished by the applicant, it shall issue a
Scheduled Tribe certificate within 15 days from the date of receipt of
the application. The time limit fixed under the said Rule is also a pointer
D
which suggests that the enquiry to be made by the Competent Authority
is a summary enquiry and a detailed enquiry is not contemplated. The
mandate of issuing caste certificates within 15 days cannot be
accomplished if the Competent Authority is to hold a detailed enquiry on
par with the one which is required to be held by the Scrutiny Committee.
15. The law contemplates very detailed scrutiny of the caste claim E
by the Scrutiny Committee. If both the Competent Authority and the
Caste Scrutiny Committee were to make the same degree of scrutiny
and detailed enquiry into caste claims, the very object of the two-tier
scrutiny will be frustrated. Section 8 provides that the burden of proving
a caste claim before the Competent Authority and the Scrutiny Committee F
is on the applicant. For discharging the said burden before the Competent
Authority, it is enough if the applicant produces prima facie material to
show that his caste claim is genuine. The burden put by Section 8 on the
applicant to prove his caste status before the Scrutiny Committee is
much higher than the burden which he is required to discharge before
the Competent Authority. G
16. Sub-section (1) of Section 10 contemplates that if an applicant,
on the basis of a caste certificate issued by the Competent Authority
obtains any benefit such as employment or admission to an educational
institution, on cancellation of the caste certificate by the Scrutiny
H
1120 SUPREME COURT REPORTS [2023] 3 S.C.R.
A Committee, the admission secured to the educational institution or
employment is required to be cancelled forthwith. The scheme of Section
10 is that applicant cannot hold on to any benefit received by him on the
basis of a caste certificate issued by the Competent Authority which is
subsequently cancelled by the Scrutiny Committee.
B 17. Section 6 deals with the procedure to be followed by the Caste
Scrutiny Committee for verification of caste certificates. Sub-section
(4) of Section 6 lays down that the Scrutiny Committee shall follow the
procedure as laid down by the Rules framed under the 2000 Act. Rule 4
of the ST Rules lays down the procedure to be followed by the Competent
Authority. We must note that under Rule 10, a provision has been made
C for constituting a Vigilance Cell to assist the Scheduled Tribes Caste
Scrutiny Committee in conducting an enquiry. As noted earlier, the
Vigilance Cell consists of Police Officers of three different ranks as
provided therein and a Research Officer. Rule 11 provides details of the
documents the applicant must submit to verify the Scheduled Tribes
D certificate. Sub-rules 2 and 3 of Rule 11 read thus:
“11.(1)…………………….
(2) The applicant shall submit the following documents with
his application for verification of his Scheduled Tribe Certificate
:—
E
(a) Original documents.—
(i) the original Scheduled Tribe Certificate of the
applicant along with one attested copy,
(ii) an affidavit in Form F;
F
(b) Documents of which, only attested copies are to be
submitted in respect of applicant—
(i) Primary School leaving certificate.
(ii) An extract of school admission register.
G (iii) An extract of birth register.
(c) Documents in respect of father,—
(i) An extract of birth register.
(ii) Primary school leaving certificate.
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1121
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
(iii) Extract of school admission register. A
(iv) Scheduled Tribe Certificate.
(v) If a father is in service, the extract of the pages of
the service record (book) which contain religion and
tribe entry.
B
(vi) If a father is illiterate, the primary school leaving
certificate of the real elderly blood relatives of the
paternal side of the applicant and extract of school
admission register.
(d) Other documents,— C
(i) Revenue record like, birth register, extract of 7/12,
Sale Deed etc.
(ii) Any other relevant documents in support of his
Scheduled Tribe claim.
D
(iii) Affidavits of the near relatives whose Validity
Certificates are submitted in support of the
Scheduled Tribe claim of the applicant.
(3) The applicant shall submit original certificates and documents
for verification whenever required by the Scrutiny Committee.”
E
18. Rule 12 lays down the procedure to be followed by the Scrutiny
Committee. It contains a provision regarding forwarding a case to the
Vigilance Cell to hold an enquiry. Rule 12 reads thus:
“12. Procedure to be followed by Scrutiny Committee.
(1) On receipt of the application, the Scrutiny Committee or a F
person authorised by it shall scrutinise the application, verify the
information and documents furnished by the applicant, and shall
acknowledge the receipt of the application. The Member Secretary
shall register the application, received for verification, in the-register
prescribed by the Chairman. G
(2) If the Scrutiny Committee is not satisfied with the
documentary evidence produced by the applicant the
Scrutiny Committee shall forward the applications to the
Vigilance Cell for conducting the school, home and other
enquiry.
H
1122 SUPREME COURT REPORTS [2023] 3 S.C.R.
A (3) The Vigilance Officer shall go to the local place of
residence and original place from which the applicant hails
and usually resides, or in case of migration, to the town or
city or place from which he originally hailed from.
(4) The Vigilance Officer shall personally verify and collect
B all the facts about the social status claimed by the applicant
or his parents or the guardian, as the case may be.
(5) The Vigilance Cell shall also examine the parents or
guardian or the applicant for the purpose of verification of
their Tribe, of the applicant.
C (6) After completion of the enquiry, the Vigilance Cell shall submit
its report to the Scrutiny Committee who will in turn scrutinise the
report submitted by the Vigilance Cell.
and if the Scrutiny Committee is satisfied that the claim of the
D applicant is genuine and true, the Scrutiny Committee may issue
the validity certificate. The validity certificate shall be issued in
Form G.
(8) If the Scrutiny Committee, on the basis of the Vigilance Cell
report and other documents available, is not satisfied about the
E claim of the applicant, the Committee shall issue a show cause
notice to the applicant and also serve a copy of the report of the
Vigilance Officer by registered post with acknowledgment due.
A copy shall also be sent to the Head of the Department
concerned, if necessary. The notice shall indicate that the
F representation or reply, if any, should be made within fifteen days
from the date of receipt of the notice and in any case not more
than thirty days from the date of receipt of the notice. In case the
applicant requests for adjournment or extension of the time-limit,
reasonable time, may be granted.
(9) (a) After personal hearing if the Scrutiny Committee is satisfied
G
regarding the genuineness of the claim, Validity Certificate shall
be issued in Form G.
(b) After personal hearing, if the Scrutiny Committee is not
satisfied about the genuineness of the claim and correctness
of the Scheduled Tribe Certificate, it shall pass an order of
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1123
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
cancellation and of confiscation of the Certificate and A
communicate the same to the Competent Authority for taking
necessary entries in the register and for further necessary
action. The Scheduled Tribe Certificate shall then be stamped
as “ cancelled and confiscated”.
19. Sub-rule (2) of Rule 12 clearly provides that only if the Scrutiny B
Committee is not satisfied with the documentary evidence produced by
the applicant, it shall forward the application to the Vigilance Cell for
conducting the school, home and other enquiry. Therefore, in every case,
as a matter of routine, the Scrutiny Committee cannot mechanically
forward the application to Vigilance Cell for conducting an enquiry. When
sub-rule (2) of Rule 12 contemplates that only if the Scrutiny Committee C
is not satisfied with the documents produced by the applicant that the
case should be referred to Vigilance Cell, it follows that the Scrutiny
Committee is required to pass an order recording brief reasons why it is
not satisfied with the documents produced by the applicant. Before
referring the case to the Vigilance Cell, application of mind to the material D
produced by the applicant is required and therefore, the application of
mind must be reflected in the order sheets of the Scrutiny Committee.
20. It is not possible to exhaustively lay down in which cases the
Scrutiny Committee must refer the case to Vigilance Cell. One of the
tests is as laid down in the case of Kumari Madhuri Patil1. It lays E
down that the documents of the pre-Constitution period showing the
caste of the applicant and their ancestors have got the highest probative
value. For example, if an applicant is able to produce authentic and genuine
documents of the pre-Constitution period showing that he belongs to a
tribal community, there is no reason to discard his claim as prior to 1950,
there were no reservations provided to the Tribes included in the ST F
order. In such a case, a reference to Vigilance Cell is not warranted at
all.
21. In the impugned judgment in Civil Appeal No. 2502 of 2022
(Shilpa Vishnu Thakur’s case2), the Full Bench of the Bombay High
Court has noted that people having the surname “Thakur” belong to G
both forward castes and various backward castes. Therefore, the Full
Bench may be right in saying that in every case, only on the basis of the
surname Thakur, it cannot be concluded by the Scrutiny Committee that
the applicant belongs to Scheduled Tribe Thakur notified in the Entry 44
of the Maharashtra list. However, we must note that in the case of a H
1124 SUPREME COURT REPORTS [2023] 3 S.C.R.
A person having the surname Thakur, there may be evidence in the form
of entry of the name of the caste as a Tribe or Scheduled Tribe in the
land records, school or college records or any official records concerning
the applicant or his ancestors. Only on the ground that the persons having
the surname Thakur may belong to a forward caste as well, it is not
necessary that in every case, the Scrutiny Committee should send the
B
case to Vigilance Cell. It all depends on the nature of the documents
produced before the Caste Scrutiny Committee and the probative value
of the documents. Therefore, whenever a caste claim regarding Thakur
Scheduled Tribe is considered, the Caste Scrutiny Committee in every
case should not mechanically refer the case to the Vigilance Cell for
C conducting an enquiry including affinity test. The reference to the
Vigilance Cell can be made only if the Scrutiny Committee is not satisfied
with the material produced by the applicant.
22. We can also contemplate one more scenario which is found in
many cases. These are the cases where the applicant relies upon caste
D validity certificates issued to his blood relatives. Obviously, such a validity
certificate has to be issued either by the Scrutiny Committee constituted
in terms of the directions issued in Kumari Madhuri Patil’s case1 or
constituted under the Rules framed under the 2000 Act. In such a case,
firstly, the Scrutiny Committee must ascertain whether the certificate is
genuine. Secondly, the Scrutiny Committee will have to decide whether
E the applicant has established that the person to whom the validity certificate
relied upon by him has been issued is his blood relative. For that purpose,
the applicant must establish his precise and exact relationship with the
person to whom the validity certificate has been granted. Moreover, an
enquiry will have to be made by the Scrutiny Committee whether the
F validity certificate has been granted to the blood relative of the applicant
by the concerned Scrutiny Committee after holding due enquiry and
following due procedure. Therefore, if the Scrutiny Committee has issued
a validity certificate contemplated in terms of the decision in the case of
Kumari Madhuri Patil1, the examination will be whether the enquiry
contemplated by the said decision has been held. If the certificate relied
G upon is issued after coming into force of the 2000 Act, the Scrutiny
Committee will have to ascertain whether the concerned Scrutiny
Committee had followed the procedure laid down therein as well as in
the ST Rules or the SC Rules, as the case may be. For this verification,
the Scrutiny Committee can exercise powers conferred on it by Section
H 9(d) by requisitioning the record of the concerned Caste Scrutiny
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1125
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
Committee, which has issued the validity certificate to the blood relative A
of the applicant. If the record has been destroyed, the Scrutiny Committee
can ascertain whether a due enquiry has been held on the basis of the
decision of the Caste Scrutiny Committee by which caste validity has
been granted to the blood relative of the applicant. If it is established that
the validity certificate has been granted without holding a proper inquiry
B
or without recording reasons, obviously, the caste scrutiny committee
cannot validate the caste certificate only on the basis of such validity
certificate of the blood relative.
23. In a given case, the Scrutiny Committee may be satisfied that
the caste validity certificate relied upon by the applicant has been issued
after making a lawful enquiry. But if the Scrutiny Committee is of the C
view that the applicant has not clearly established that the person to
whom caste validity certificate produced on record has been granted is
his blood relative, in terms of sub-rule (2) of Rule 12 of the ST Rules, the
Caste Scrutiny Committee will have to refer the case for conducting an
enquiry through Vigilance Cell. In such a case, the Vigilance Cell can be D
directed by the Scrutiny Committee to conduct an enquiry limited to the
relationship claimed by the applicant with the person in whose favour
the caste validity certificate has been issued. If, on the basis of the
report of the Vigilance Cell, the Scrutiny Committee is satisfied that the
person in whose favour caste validity certificate has been issued is a
blood relative of the applicant and lawful enquiry has been conducted E
before issuing the validity certificate, the Scrutiny Committee will have
to issue validity certificate even if the applicant does not satisfy the
affinity test. For example, if it is established that the father or grandfather
of the applicant has been given a caste validity certificate after holding a
lawful enquiry in accordance with law, the Caste Scrutiny Committee F
cannot hold that the grandfather or father of the applicant, as the case
may be, belongs to Scheduled Tribe but the applicant does not belong to
Scheduled Tribe. Only if the relationship as pleaded by the applicant is
not established, the other evidence produced by the applicant and the
result of the affinity test can be taken into consideration by the Scrutiny
Committee. G
24. As provided in sub-rule (7) of Rule 12 of the ST Rules, the
Vigilance Cell’s report is not conclusive. If on the basis of the report of
the Vigilance Cell and other evidence on record, the Scrutiny Committee
comes to a conclusion that the caste claim is genuine, a caste validity
H
1126 SUPREME COURT REPORTS [2023] 3 S.C.R.
A certificate can be issued. Only on the ground that the report of vigilance
cell is in favour of the applicant, validity certificate cannot be mechanically
granted without application of mind. If the report of the Vigilance Cell is
against the applicant, his caste claim cannot be rejected only on the
basis of the report of the Vigilance Cell without providing a copy of the
report to the applicant and without giving him an opportunity of being
B
heard on the report. After giving an opportunity to the applicant to make
submissions on the report, the Scrutiny Committee may reject the caste
claim. In a given case, the Scrutiny Committee can also record a finding
that the caste claim is genuine. It all depends on the facts of each case.
AFFINITY TEST
C
25. Now, we come to the controversy regarding the affinity test.
In clause (5) of Paragraph 13 of the decision in the case of Kumari
Madhuri Patil1 it is held that in the case of Scheduled Tribes, the Vigilance
Cell will submit a report as regards peculiar anthropological and
ethnologicaltraits, deities, rituals, customs, mode of marriage, death
D ceremonies, methods of burial of dead bodies etc. in respect of the
particular caste or tribe. Such particulars ascertained by the Vigilance
Cell in respect of a particular Scheduled Tribe are very relevant for the
conduct of the affinity test. The Vigilance Cell, while conducting an
affinity test, verifies the knowledge of the applicant about deities of the
E community, customs, rituals, mode of marriage, death ceremonies etc. in
respect of that particular Scheduled Tribe. By its very nature, such an
affinity test can never be conclusive. If the applicant has stayed in bigger
urban areas along with his family for decades or if his family has stayed
in such urban areas for decades, the applicant may not have knowledge
of the aforesaid facts. It is true that the Vigilance Cell can also question
F the parents of the applicant. But in a given case, even the parents may
be unaware for the reason that for several years they have been staying
in bigger urban areas. On the other hand, a person may not belong to the
particular tribe, but he may have a good knowledge about the aforesaid
aspects. Therefore, Shri Shekhar Naphade, the learned senior counsel,
G is right when he submitted that the affinity test cannot be applied as a
litmus test. We may again note here that question of conduct of the
affinity test arises only in those cases where the Scrutiny Committee is
not satisfied with the material produced by the applicant.
26. There is an argument made that as far as SC Rules are
H concerned, clause (d) of Rule 13 specifically provides for Vigilance Cell
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1127
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
conducting an affinity test and there is no such pari materia provision in A
the ST Rules. We are unable to accept this submission as sub-rule (4) of
Rule 12 of the ST Rules enjoins the vigilance officer to collect facts
about the social status of the applicant or his parents, as the case may
be. Therefore, sub-rule (5) provides for the examination of the applicant
and his parents. For verification of social status as contemplated by sub-
B
rule (4) of Rule 12 of the ST Rules, in a given case, affinity test can be
resorted to by the Vigilance Cell.
WHETHER CASTE SCRUTINY COMMITTEE
PERFORMS QUASI-JUDICIAL FUNCTION
27. Before we go into the decisions in the cases of Vijakumar3and C
Anand4, we need to deal with an argument made by one of the
interveners that the Scrutiny Committee is not a quasi-judicial authority.
The said submission is based on a decision of coordinate Bench of this
Court in the case of Dayaram9. In paragraph 35, the decision in the
case of Dayaram9 holds thus:
D
“35. The Scrutiny Committee is not an adjudicating authority like
a court or tribunal, but an administrative body which verifies the
facts, investigates into a specific claim (of caste status) and
ascertains whether the caste/tribal status claimed is correct or
not. Like any other decisions of administrative authorities, the
orders of the Scrutiny Committee are also open to challenge in E
proceedings under Article 226 of the Constitution. Permitting civil
suits with provisions for appeals and further appeals would defeat
the very scheme and will encourage the very evils which this
Court wanted to eradicate. As this Court found that a large
number of seats or posts reserved for the Scheduled Castes F
and Scheduled Tribes were being taken away by bogus
candidates claiming to belong to Scheduled Castes and
Scheduled Tribes, this Court directed the constitution of
such Scrutiny Committees, to provide an expeditious,
effective and efficacious remedy, in the absence of any
statute or a legal framework for proper verification of false G
claims regarding SCs/STs status. This entire scheme
in Madhuri Patil [(1994) 6 SCC 241 : 1994 SCC (L&S) 1349
: (1994) 28 ATC 259] will only continue till the legislature
concerned makes an appropriate legislation in regard to
verification of claims for caste status as SC/ST and issue of H
1128 SUPREME COURT REPORTS [2023] 3 S.C.R.
A caste certificates, or in regard to verification of caste certificates
already obtained by candidates who seek the benefit of reservation,
relying upon such caste certificates.”
(emphasis added)
28. We must note here that this Court was dealing in the said
B decision with a case arising from the State of Madhya Pradesh where
there was no statute in existence which covered the field occupied by
Kumari Madhuri Patil’s case1. Therefore, the observations made in
the said decision are in the context of powers of the Scrutiny Committee
ordered to be created under the decision in the case of Kumari Madhuri
C Patil1. In the cases of Dayaram9and Jay Chitra10, this Court has not
dealt with the 2000 Act or a similar enactment applicable to any other
State. On a conjoint reading of the 2000 Act as well as ST and SC Rules
framed thereunder, it is impossible to conclude that the Scrutiny
Committee discharges only administrative functions. The Scrutiny
Committee under the 2000 Act has been entrusted with various powers
D of the Civil Court under the Code of Civil Procedure, 1908. The powers
include a power to enforce the attendance of any witness, to receive
evidence on affidavits, to issue commissions for the examination of
witnesses or documents etc. The scheme of the 2000 Act and both SC
and ST Rules provides for the Scrutiny Committee holding an enquiry on
E the caste claim of the applicant, if necessary, after examining the applicant
on oath, recording evidence of witnesses and calling for documents and
records etc. The Scrutiny Committee is expected to record reasons for
granting and rejecting the prayer for issue of caste validity certificates.
Thus, the Scrutiny Committee has all the trappings of a quasi-judicial
authority.
F
DECISIONS IN THE CASES OF VIJAKUMAR &
ANAND
29. Now, we come to the decision in the case of Vijakumar3. A
perusal of the decision in the case of Vijakumar3 shows that a Bench of
G two Hon’ble Judges dealt with issue of a tribe claim arising from the
State of Maharashtra. A careful perusal of the decision shows that there
is not even a reference to the ST Rules in the said decision. The attention
of the Court was not invited to sub-rule (2) of Rule 12, which lays down
that the case can be referred to the Vigilance Cell only if the Scrutiny
Committee is not satisfied with the material produced by the applicant.
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1129
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
Without referring to the provisions of the 2000 Act as well as SC and ST A
Rules, in paragraph 9 of Vijakumar’s case3, it is held that:-
“9. Having heard the learned counsel for the parties, we are of
the considered opinion that there is hardly any merit in the
contentions raised on behalf of the appellant. The affinity test
was completed by the Vigilance Officer as well as by the Scrutiny B
Committee. The certificate has to be validated only after it proves
factually and legally correct at the two stages; firstly, at the stage
of issuance and secondly, at the stage of verification. If it fails the
affinity test at either of these stages, the validity of the certificate
cannot be sustained.”
C
Hence, in view of the fact that the 2000 Act and Rules were not
considered, the decision in the case of Vijakumar3 is certainly not a
binding precedent for the proposition that in every case, the Scrutiny
Committee is required to take recourse to the affinity test by referring
the case to the Vigilance Cell.
D
30. The decision in the case of Anand4 in paragraphs 4 and 5
specifically refers to Rule 11 and 12 (2) of the ST Rules. In paragraph
22, this Court held thus:
“22. It is manifest from the aforeextracted paragraph that the
genuineness of a caste claim has to be considered not only on a E
thorough examination of the documents submitted in support of
the claim but also on the affinity test, which would include the
anthropological and ethnological traits, etc., of the applicant.
However, it is neither feasible nor desirable to lay down an absolute
rule, which could be applied mechanically to examine a caste claim.
Nevertheless, we feel that the following broad parameters could F
be kept in view while dealing with a caste claim:
(i) While dealing with documentary evidence, greater reliance
may be placed on pre-Independence documents because
they furnish a higher degree of probative value to the
declaration of status of a caste, as compared to post- G
Independence documents. In case the applicant is the first
generation ever to attend school, the availability of any
documentary evidence becomes difficult, but that ipso facto
does not call for the rejection of his claim. In fact, the mere
fact that he is the first generation ever to attend school,
H
1130 SUPREME COURT REPORTS [2023] 3 S.C.R.
A some benefit of doubt in favour of the applicant may be
given. Needless to add that in the event of a doubt on the
credibility of a document, its veracity has to be tested on
the basis of oral evidence, for which an opportunity has to
be afforded to the applicant;
B (ii) While applying the affinity test, which focuses on the
ethnological connections with the Scheduled Tribe, a
cautious approach has to be adopted. A few decades
ago, when the tribes were somewhat immune to the
cultural development happening around them, the
affinity test could serve as a determinative factor.
C However, with the migrations, modernisation and
contact with other communities, these communities
tend to develop and adopt new traits which may not
essentially match with the traditional characteristics
of the tribe. Hence, the affinity test may not be
D regarded as a litmus test for establishing the link of
the applicant with a Scheduled Tribe. Nevertheless,
the claim by an applicant that he is a part of a Scheduled
Tribe and is entitled to the benefit extended to that
tribe, cannot per se be disregarded on the ground
that his present traits do not match his tribe’s peculiar
E anthropological and ethnological traits, deity, rituals,
customs, mode of marriage, death ceremonies,
method of burial of dead bodies, etc. Thus, the affinity
test may be used to corroborate the documentary
evidence and should not be the sole criteria to reject
F a claim.”
(emphasis added)
We have recorded similar reasons earlier for coming to the
conclusion that affinity test will not always be mandatory and/or
conclusive.
G
31. Paragraph 19 of the decision in the case of Anand4 reiterates
the position that Vigilance Cell enquiry can be ordered only when the
Scrutiny Committee is not satisfied with the materials produced by the
applicant. On this aspect, we may make useful reference to a decision
of this Court in the case of District Collector, Satara6. This decision is
H penned down by one of us (Sanjay Kishan Kaul, J.) which makes an in-
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1131
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
depth analysis of the ST Rules and in particular, Rule 12. In paragraph 9, A
this Court held thus:
“9. … … … … … … … … … … … … … … …
A reading of the aforesaid Rules shows that the role of the
Vigilance Cell was restricted as compared to the role envisaged
under Madhuri Patil case [Madhuri Patil v. Commr., Tribal B
Development, (1994) 6 SCC 241 : 1994 SCC (L&S) 1349] ,
inasmuch as the assistance to be provided to the Scrutiny
Committee was not in every case, but only if the Scrutiny
Committee was not satisfied with the documentary evidence
produced by the applicant.” C
(emphasis added)
32. Therefore, as observed earlier, the decision in the case of
Vijakumar3 cannot be read as a binding precedent laying down a legal
principle that in every case of verification of caste claim, the Caste
Scrutiny Committee is under a mandate to refer the case to the Vigilance D
Cell. As under the scheme of ST Rules, affinity test is to be conducted
by the Vigilance Cell, it follows that question of conducting of affinity
test will arise only when a case is made out for referring the case to
Vigilance Cell. If the Scrutiny Committee, after holding an enquiry is
satisfied with the material produced on record, without referring the E
case to the Vigilance Cell, the Caste Scrutiny Committee is under a
mandate to grant validity to the caste certificate. As noted earlier, in a
given case, the Scrutiny Committee can order a limited inquiry by the
Vigilance Cell. For example, if an applicant is relying upon a caste validity
certificate granted to his blood relative and the Scrutiny Committee, after
finding that the certificate is issued after due inquiry entertains a doubt F
about the relationship pleaded, it can direct the Vigilance Cell to make
inquiry only about the relationship.
33. Now we come to the impugned Judgment in Shilpa Vishnu
Thakur’s case2. The questions framed for consideration by the Full
Bench are in paragraph 4 which reads thus: G
“(i) Should the paramount consideration in determining the caste
claim of a person be documentary evidence or, as the Supreme
Court held, “anthropological moorings and ethnological kinship”;
and is the “crucial affinity test” relevant and germane for such a
decision? H
1132 SUPREME COURT REPORTS [2023] 3 S.C.R.
A (ii)(a) In cases where the documents produced by a person
claiming to be belonging to a particular caste satisfy the
requirement, for example, in the case of “Thakur”, if all the
documents produced/filed and relied upon by a candidate denote
his caste as “Thakur” then, without validating the caste claim
with reference to the “crucial affinity test”, should the caste claim
B
be validated or not?
(b) In a case where a person is not in possession of any document
to meet the requirements of a particular caste claim can the claim
be scrutinized on the basis of the “crucial affinity test”, and a
validity certificate be issued?
C
(c) Where a person who claims to belong to a particular caste has
some documents in his favour and/or partially satisfies the crucial
affinity test, can the claim be certified and is the candidate entitled
to his caste certificate being validated?” *
D 34. The conclusions of the Full Bench have been recorded in
paragraph 40. In clause (i) of paragraph 40, the Full Bench of the High
Court records that under Rule 12(2), the Scrutiny Committee, if it is not
satisfied with the documentary evidence produced, has to forward the
application to Vigilance Cell for holding a school, home and other enquiry.
The Full Bench does not lay down that in every case where the Scrutiny
E Committee is dealing with a Scheduled Tribe claim, a reference must be
made to the Vigilance Cell. In clause (ii) (a) of paragraph 40, the Full
Bench records that the Scrutiny Committee must have regard to the
entire body of evidence, including on the question as to whether the
applicant has satisfied the affinity test. As held earlier, the question of
F taking recourse to the affinity test will arise only if the case is referred
to Vigilance Cell. In fact, in clause (b) of paragraph 40, the Full Bench
holds that even if an applicant does not have any documentary evidence
it will not ipso facto result into invalidation of the caste claim. The reason
is that in such a case, sub-rule (2) of Rule 12 will apply and the Vigilance
Cell will have to hold an enquiry including affinity test. Even in such a
G case, affinity test will not be conclusive either way as held in clause (2)
of paragraph 20 in Anand’s case4. In clause (c) of the same paragraph,
the Full Bench of the High Court also holds that even if the applicant
partially satisfies the affinity test, depending upon the nature of the
evidence on record, the Scrutiny Committee has power to validate the
H
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI v. 1133
THE STATE OF MAHARASHTRA [ABHAY S. OKA, J.]
claim. Thus, even clause (c) proceeds on the footing that the affinity test A
is not conclusive.
35. Reading paragraph 40 of the impugned judgment as a whole,
we cannot conclude that a finding has been recorded by the full Bench
about the conclusive nature of the affinity test. The finding cannot be
understood to mean that reference to the Vigilance Cell and conduct of B
affinity test is mandatory in every case. However, we make it clear that
for the reasons we have recorded in this judgment, we do not approve
the observation in the impugned judgment that “the affinity test is an
integral part of the determination of the correctness of the claim”
CONCLUSIONS C
36. Thus, to conclude, we hold that:
(a) Only when the Scrutiny Committee after holding an enquiry
is not satisfied with the material produced by the applicant,
the case can be referred to Vigilance Cell. While referring
the case to Vigilance Cell, the Scrutiny Committee must D
record brief reasons for coming to the conclusion that it is
not satisfied with the material produced by the applicant.
Only after a case is referred to the Vigilance Cell for making
enquiry, an occasion for the conduct of affinity test will
arise. E
(b) For the reasons which we have recorded, affinity test cannot
be conclusive either way. When an affinity test is conducted
by the Vigilance Cell, the result of the test along with all
other material on record having probative value will have
to be taken into consideration by the Scrutiny Committee F
for deciding the caste validity claim; and
(c) In short, affinity test is not a litmus test to decide a caste
claim and is not an essential part in the process of the
determination of correctness of a caste or tribe claim in
every case.
G
37. We direct the Registry to place the appeals/SLPs before the
appropriate Bench for deciding the same in the light of the reference
answered by us.
Ankit Gyan Reference answered.
(Assisted by : Varun Dhond and Mahendra Yadav, LCRAs)
H
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "caste certificate"Sign in to search