Full Judgment Text
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PETITIONER:
GAYATRILAXMI BAPURAO NAGPURE
Vs.
RESPONDENT:
STATE OF MAHARASHTRA &. OTHERS
DATE OF JUDGMENT: 15/03/1996
BENCH:
VENKATASWAMI K. (J)
BENCH:
VENKATASWAMI K. (J)
PUNCHHI, M.M.
CITATION:
1996 AIR 1338 1996 SCC (3) 685
JT 1996 (3) 405 1996 SCALE (3)53
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
K. VENKATASWAMI, J.
Leave granted.
This appeal is directed against the Division Bench
Judgment of the Bombay High Court in W.P. No. 2773/95 dated
22.6.95.
At the time of arguments before us, learned counsel
appearing for the appellant has confined his contention to
the claim of the appellant that she belongs to "Halba"
Scheduled Tribe.
Briefly stated the facts are that the appellant with a
view to apply for admission to the Medical Course,
approached the second respondent, the Scheduled Tribe Caste
Certificate Scrutiny Committee (for Short "Committee") for
the issue of a caste certificate to the effect that she
belongs to "Halba" Scheduled Tribe to enable her to apply
for admission to the Medical Course under that category. In
support of her claim, apart from appearing before the
Committee and furnishing certain information, the appellant
has filed 17 documents consisting of certificates issued by
Executive Magistrate and School Certificate issued to her
and Caste Certificate issued to her father.
The second respondent Committee while considering the
claim of the appellant and evaluating the probative value of
the documents produced, did not appear to have dealt with
one important document, namely, Certificate No. 9 in the
Order of the second respondent which related to an Order
passed by the Government on appeal by the first cousin of
the appellant in the matter of issue of Caste Certificate to
him. That Order of the Government dated 1.9.81 overruling
the Order of a Committee, granted a Caste Certificate
holding that the first cousin of the appellant, by name,
Abinash Prabhakar Nagpure belonged to "Halba" community, a
Scheduled Tribe in the State of Maharashtra. Likewise, while
brushing aside the Caste Certificate issued in favour of the
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appellant’s father, the Scrutiny Committee merely observed
that it was issued in a casual manner without proper
verification.
In the course of the argument before us, learned
counsel for the appellant contended that in the light of the
Instructions issued by the Government of Maharashtra’s that
if a close relative is already given a Caste Certificate,
that must be given due weight, has not been followed by the
Committee. He also submitted that the Certificate issued on
26.8.71 by the appropriate authority after verification was
the basis for the issue of the Caste Certificate to the
father of the appellant, was not noticed by the Committee.
However, the Certificate dated 26.8.71 was not produced
before the Committee. From the Order passed by the
Committee, we find that the failure of the appellant to
produce her father’s Primary School Certificate was taken
serious note of to reject the appellant’s claim.
Before the High Court also, it is claimed, reliance was
placed on the Caste Certificate issued to the first cousin
and also the Death Certificate issued on the death of the
appellant’s grandmother but those were not discussed by the
High Court.
Learned counsel appearing for the respondents
supporting the Order of the second-respondent Committee
submitted that in view of the judgments of this Court in
Kumari Madhuri Patil and Anr. vs. Additional Commissioner,
Tribal Development & Ors. (1994) 6 SCC 241); Director of
Tribal Welfare, Govt. of A.P. vs. Laveti Giri & Anr. (1995)
4 SCC 32) the conclusion recorded by the second-respondent
Committee does not call for any interference.
We have considered the rival submission and perused the
order of the second-respondent Committee and also that of
High Court.
We have noticed earlier that before the second-
respondent Committee, 17 documents were produced by the
appellant to support the claim that she belonged to "Halba"
Scheduled Tribe. The second-respondent Committee while
appreciating the probative value of almost all the
documents, did not refer to and consider an important
document, namely, an order passed by the Government on
appeal at the instance of Abinash Prabhakar Nagpure for
identical relief. It is not disputed before us that Abinash
Prabhakar Nagpure is the first cousin of the appellant. The
Government by the said order dated 1.9.81 reversing the
order of the Committee recognized the claim of Abinash
Prabhakar Nagpure that he belonged to "Halba" Scheduled
Tribe.
The documents placed before the Committee are the
following :
1. Copy of the caste certificate
issued by Principal, G.N. Khalsa
College, Bombay dated 5.7.94.
2. Zerox copy of school leaving
certificate issued by Principal
AFAC English School, Chembur,
Bombay vide Reg No. 3032.
3. Zerox copy of school leaving
certificate issued by Head Master,
St. Sabastian’s High School,
Chambur Bombay vide. Reg. no. 4768.
4. Zerox copy of School leaving
certificate issued by Principal,
St. Judge’s High School, Kalyan
vide Reg. No. 2185.
5. Zerox copy of caste certificate
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issued by Sub Divisional
Magistrate, Nashik Dn. Nashik vide
No.; EDN/POL II//STSC.Sr./129/92
dated 31.11.92.
6. Zerox copy of certificate issued
by Chairman, Halba Samaj Seva
Mandal, Naushik, dated 14.6.94.
7. Zerox copy of caste certificate
issued by Executive Magistrate,
Nagpure vide No. 3583/MRC-87/92-93
dated 13.4.93.
8. Zerox copy of certificate issued
by Chief P&A Manager, Hindustan
Petroleum Corporation Ltd. Bombay
dated 2.3.94.
9.Zerox copy of order passed by
Assistant Secretary to Government,
Social Welfare and Sports Deptt.
dated 1.9.81 in respect of Abinash
Prabhakar Nagpure.
10. Zerox copy of caste certificate
issued by Executive Magistrate
Kopargaon dated 28.2.81 in respect
of Abihash Prabhakar Nagpure.
11. Zerox copy of certificate
marriage in respect of Avinash
Prabhakar Nagpure.
12. Zerox copy of order passed by
Divisional Commissioner, Konkan &
Bombay Division vide No.
SO/POL/APPEAL/ST/15/82 in respect
of Miss Versha Laxmikant Belekar.
13. Zerox copy of case certificate
issued by District Magistrate,
Greater Bombay in respect of Varsha
Laxmikant Belekar.
14. Zerox copy of certificate of
validity issued by Tribal Research
& Training Institute, Pune dated
29.3.94 in respect of Virendra
Laxmikant Relekar.
15. Zerox copy of caste certificate
issued by Executive Magistrate,
Nagpur in respect of Prabhakar
Nagpure dated 2.9.82.
16. Zerox copy of death certificate
in respect of Taramati Shantaram
Nagpure issued by Gramvikas
Adhikari Kopargaon.
17. Zerox copy of affidavit of Shri
Abinash Prabhakar Nagpure.
The second-respondent Committee ignored Sl.Nos. 1-4, 6,
8, 16 & 17, though they relate to school records of the
appellant, her relatives wherein the appellant’s caste is
recorded as "Halba" by simply stating that "they were issued
in a very casual manner without verifying the guidelines
given by the Government from time to time to issue such
certificates". Again while rejecting SL.. Nos. 5, 7, 10, 13
& 14, the Committee has commented that "there is no room for
the presumption that the certificate has been correctly
issued". We are not able to appreciate this approach of the
Committee in rejecting the certificates in the absence of
any attempt on the side of the Government to suspect the
correctness/genuineness of the documents produced by the
appellant. We find from the copies of Certificates included
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in the paper book that the Domicile and Nationality
certificate issued to the appellant’s father (Annexure "C"
at page 28 of paper book) was issued on the basis of
particulars of proof given as under:
A) Answer given by the Applicant on
the prescribed form of the
questionnaire.
B) Birth or School leaving or a
like Certificate issued by Shri
Sainath Madhyamik Vidyalaya.
Shirdi.
C) Affidavits or Declaration of
Birth Place & Caste.
D) together proof): Nil.
Likewise the caste certificate issued to the appellant
was not issued in a casual manner but after verification of
relevant records. Similarly, the caste certificate issued to
the father of the appellant was not casual one but based on
the following particulars :-
1) Age, Domicile. Nationality certificate.
2) Brother S.L.C.
3) Nephew S.L.C.
4) Son, Bona fide Certificate.
t) Brothers Caste Certificate.
b) Samaj Dakhala.
7) Ration Card.
8) Affidavit and Application.
Taking into consideration these certificates and also
the order of the Government dated 1.9.81 certifying that
Abinash Prabhakar Nagpure, first cousin of the appellant
belongs to "Halba" community, we are of the view that the
rejection of the appellant’s claim especially when there is
no other evidence placed contra to suspect the proof
produced by the appellant and without appreciating the vital
document placed before the Committee, is not correct.
lt is true that this Court in Kumari Madhuri Patil’s
case (supra) has observed :-
"The Committee which is empowered
to evaluate the evidence placed
before it when records a finding of
fact, it ought to prevail unless
found vitiated by judicial review
of any High Court subject to
limitations of interference with
findings of fact. The Committee
when considers all the material
facts and records a finding, though
another view, as a court of appeal
may be possible, it is not a ground
to reverse the findings. The court
has to see whether the Committee
Considered all the relevant
material placed before it or has
not applied its mind to relevant
facts which have led the committee
ultimately recorded the finding.
Each case must be considered in the
backdrop of its own facts."
The same view has been reiterated in Director of Tribal
Welfare, Govt. A.P. vs. Laveti Giri & Anr. (1995) 4 SCC 32.
Applying the above test to the facts of the present
case. we are satisfied that the Committee failed to consider
all the relevant materials placed before it and did not
apply its mind to an important document "SL.. No. 9" which
led the Committee ultimately record a finding against the
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appellant. By a wrongful denial of the caste certificate,
the genuine candidate, he/she will be deprived of the
privileges conferred upon him/her by the Constitution.
Therefore greater care must be taken before granting or
rejecting any claim for caste certificate.
The High Court without appreciating the probative value
of the documents placed before it has dismissed the writ
petition filed by the appellant by simply accept so the
conclusions reached by the second-respondent Committee.
Undoubtedly, in cases of this type, the burden heavily lies
on the applicant who seeks such a certificate. That does not
mean that the authorities have no role to play in finding
out the correctness or otherwise of the claim for issue of a
caste certificate. We are of the view that the concerned
authorities must also play a role in assisting the Committee
to arrive at a correct decision. In this case, except the
documents produced by the appellant, nothing has been
produced by the concerned authorizes to arrive at a
different conclusion.
On the facts of this case, we are of the view that the
second-respondent Committee was not right in rejecting the
claim of the appellant and for the same reason the order of
the High Court cannot be sustained. In the result, the
appeal succeeds and is allowed accordingly. However. there
will be no order as to costs.