Case Note & Summary
The dispute involved multiple writ petitions filed by members of the Togarwar family challenging orders of the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, which rejected their claims of belonging to the 'Mannewar' Scheduled Tribe. The petitioners, residents of Allapalli village in Gadchiroli district, had obtained caste certificates and sought validation through the scrutiny process. The litigation had a history of previous rounds where the High Court had remanded matters back to the Committee for fresh consideration, specifically noting the probative value of old documents from 1938 and 1950. In the present batch, the petitioners contended that the Committee again arbitrarily rejected crucial documentary evidence, including a 1938 birth entry and a 1950 death register entry showing 'Mannewar' caste, without valid grounds. The respondents argued that vigilance inquiries revealed entries of 'Mannepawar' in school and revenue records, alleged interpolation in documents, and inconsistencies in tribal traits. The court examined the record and found that the vigilance cell had verified most documents without adverse remarks, yet the Committee discarded them on novel grounds such as signature mismatches and different ink/handwriting without expert opinion. The court noted that the Committee made presumptive statements about applicants grabbing benefits and officer manipulation without basis. Analyzing the evidence, the court emphasized the great probative value of old documents and the presumption of genuineness attached to certified copies. It held that the Committee's rejection was arbitrary, based on surmises, and disregarded previous court directions. Consequently, the court quashed the impugned orders dated 25.07.2018 and similar orders in connected petitions, directing fresh consideration by the Committee in accordance with law.
Headnote
A) Constitutional Law - Scheduled Tribe Certificate Verification - Evidentiary Value of Old Documents - Constitution of India, 1950, Scheduled Tribes - Petitioners claimed belonging to 'Mannewar' Scheduled Tribe with documentary evidence including 1938 and 1950 entries - Scrutiny Committee rejected documents on flimsy grounds without vigilance cell remarks or expert opinion - Court held that old documents have great probative evidentiary value and cannot be arbitrarily discarded - Directed fresh consideration (Paras 3-12). B) Administrative Law - Judicial Review of Scrutiny Committee Orders - Arbitrary Exercise of Power - Constitution of India, 1950 - Scrutiny Committee presumed applicants were grabbing benefits without basis and made absurd observations about officer manipulation - Court found Committee acted on surmises without regard to previous court orders - Held that such arbitrary exercise of power warrants judicial intervention - Quashed impugned orders (Paras 10-12).
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Issue of Consideration: Whether the Scheduled Tribe Certificate Scrutiny Committee erred in rejecting the petitioners' claim of belonging to 'Mannewar' Scheduled Tribe by arbitrarily discarding old documentary evidence without proper basis?
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Final Decision
Court quashed and set aside the impugned orders dated 25.07.2018 and similar orders in connected petitions, directing fresh consideration by the Scheduled Tribe Certificate Scrutiny Committee in accordance with law
