Supreme Court of India
ANANDversusCOMMITTEE FOR SCRUTINY AND VERIFICATION OF TRIBE CLAIMS AND ORS.
- Citation
- 2011 INSC 788
- Decided
- 8 November 2011
- Disposal
- Appeal(s) allowed
- Bench
- D K JAIN
Holding
A caste claim must be examined on both documentary evidence—giving weight to pre‑Independence records—and the affinity test, which can only corroborate, not solely determine, the claim; therefore the cancellation was untenable.
Summary
Anand, a field officer appointed on a Scheduled Tribe reservation, sought validation of his Halbi tribe status after his caste certificate was cancelled by the Caste Scrutiny Committee and upheld by the High Court. He had submitted numerous pre‑Independence school certificates and other documents showing his relatives were recorded as Halbi, but the Committee relied heavily on a vigilance officer's affinity test, concluding he did not belong to the tribe. The Supreme Court held that a genuine caste claim must be assessed on both documentary evidence—especially older records—and the affinity test, which may only corroborate, not replace, documentary proof. It observed that the Committee had brushed aside the documents and that the High Court erred by giving undue weight to the affinity test alone. Consequently, the Court set aside the decisions of the Committee and the High Court and remitted the matter to the Committee for fresh consideration, emphasizing the applicant's burden of proof and the limited role of the Committee in gathering evidence.
Issues considered
- The appropriate parameters for determining the genuineness of a caste claim under the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003.
- Whether the Caste Scrutiny Committee and the High Court erred in relying primarily on the affinity test while discounting documentary evidence.
- Whether the burden of proof lies solely on the applicant and whether the Committee may collect evidence independently of the applicant's submissions.
- Whether the cancellation of the caste certificate was justified under the Rules and the Act.
Legislation cited
Subjects
Scheduled TribeCaste verificationAffinity testDocumentary evidenceReservationMaharashtra Scheduled Tribes RulesCaste certificateBurden of proofCaste Scrutiny CommitteeSupreme Court
Judgment
[2011] 15 (ADDL.) S.C.R. 386
A ANAND
. v.
COMMITTEE FOR SCRUTINY AND VERIFICATION OF
TRIBE CLAIMS AND ORS.
(Civil Appeal No. 6340 of 2004)
B
NOVEMBER 8, 2011
[D.K. JAIN AND ASOK KUMAR GANGULY, JJ.]
Maharashtra Scheduled Tribes (Regulation of Issuance
C and Verification of) Certificate Rules, 2003 - r. 11 -:- Caste
Claim - Genuineness of - Determination - Caste certificate
issued to appellant by Sub-Divisional Magistrate certifying
that he belonged to 'Ha/bi' Scheduled tribe - Cancelled by
Caste Scrutiny Committee - High Court affirmed the order of
D Caste Scrutiny Committee - Justification - Held: The
documentary evidence produced by appellant .in support of
his q/aim was lightly brushed aside by the Vigilance Officer
as also by the Caste Scrutiny Committee - From the
documents produced by the appellant, it appears that his near
E paternal relatives had been regarded as belonging to the
'Ha/bi' Scheduled Tribe - The Vigilance Officer's report does
not indicate that the documents produced by the appellant in
support of his claim are false - It merely refers to the
comments made by the Head Master with reference to the
F school records of appellant's father's maternal brother and his
aunt, which had been alleged to be tampered with, to change
the entry from Koshti Ha/ba to Halba and nothing more -
Neither the Head Master was examined, nor any further
enquiry w.as conducted to verify the veracity of Head Master's
G statement - Also, in similar cases involving appellant's first
cousin and his paternal uncle, the High Court, while obseNing
non-application of mind by the Caste Scrutiny Committee, had
decided similar claim in their favour - The documentary
evidence produced by the appellant was not examined and
H 386
ANAND v. COMMITTEE FOR SCRUTINY AND 387
VERIFICATION OF TRIBE CLA1MS.
appreciated in its proper perspective and the High Court laid A
undue stress on the affinity test - The affinity test may be used
to corroborate the documentary evidence and should not be
the sole criteria to reject a claim - Claim of appellant
deserves to be re-examined by the Caste Scrutiny Committee
- Case accordingly remitted back to Caste Scrutiny B
Committee for fresh consideration - Constitution (Scheduled
Tribes) Order, 1950.
Appellant was appointed as a field officer by the
Maharashtra Pollution Control Board, respondent No.2, C
on probation against a post reserved for "Scheduled
Tribe". The appointment was subject to production of the
Caste Validity Certificate. The Appellant made an
application to the Caste Scrutiny Committee under Rule
11 of the Maharashtra Scheduled Tribes (Regulation of
Issuance and Verification of) Certificate Rules, 2003 (for D
Short the 'Rules') . Alongwith the application, the
appellant submitted several documents, including a copy
of his grandfather's school leaving certificate; a copy of
school leaving certificate issued to his father; a caste
certificate issued to his father; copies of the school E
leaving certificates issued to the appellant; a college
leaving certificate and a copy of school leaving certificate
issued. to the real brother of his grandfather. All these
do.cuments recorded the Caste of those persons as
'Halbi'. F
Not being i;atisfied with the documentary evidence
produced by the appellant, the Caste Scrutiny Committee
forwarded. the application to the Vigilance Cell in terms
of Rule 12(2) of the Rules for conducting school, home G
and other enquiry. The Vigilance Officer submitted its
report inter alia, reporting that the characteristics, as
noticed during enquiry did not resemble that of 'Halbi'
Scheduled Tribe. The Vigilance Cell found that the
appellant was a member of 'Halbi' sub-caste of the H
388 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R.
A 'Koshti' caste but did not belong to 'Halbi' Scheduled
Tribe.
A copy of the report of Vigilance Cell was supplied
to the appellant by the Caste Scrutiny Committee and
personal hearing was also granted. The Caste Scrutiny
8
Committee came to the conclusion that the appellant did
not belong to 'Halbi' Scheduled .Tribe. The caste certificate
issued by the Competent Authority, viz. the Sub-Divisional
Magistrate was thus cancelled and confiscated by the
Caste Scrutiny Committee. The High Court upheld the
C order of Caste Scrutiny Committee. Hence the present
appeal.
Allowing the appeal, the Court
0 HELD: 1.1. The genuineness of a caste claim has to
be considered not only on a 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
E is neither feasible nor desirable to lay down an absolute
rule, which could be applied mechanically to examine a
caste claim. Nevertheless, the following broad
parameters could be kept in view while dealing with a
caste claim: (i) While dealing with documentary evidence,
greater reliance may be placed on pre-Independence
F documents because they furnish a higher degree of
probative value to the declaration of status of a caste, as
compared to post-Independence documents. In case the
applicant is the first generation ever to attend school, the
availability of any documentary evidence becomes
G 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, 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
H document, its veracity has to be tested on the basis of
ANAND v. COMMITIEE FOR SCRUTINY AND 389
VERIFICATION OF TRIBE CLAIMS
oral evidence, for which an opportunity has to be afforded A
to the applicant; (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 B
them, the affinity test could serve as a determinative
factor. 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 C
the tribe. Hence, affinity test may not be 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 D
se. be disregarded on the ground that his present traits
do not match his tribes' peculiar 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 E
corroborate the documentary evidence and should not
be the sole criteria to reject a claim. [Para 18] [400-E-H;
401-A-F]
1.2. The burden of proving the caste claim is upon
the applicant. He has to produce all the .requisite F
documents in support of his claim. The Caste Scrutiny
Committee merely performs the role of verification of the
claim and therefore, can only scrutinise the documents
and material produced by the applicant. In case, the
material produced by the applicant does not prove his G
claim, the Committee cannot gather evidence on its own
to prove or disprove his claim. [Para 19] [401-G-H; 402-
A]
1.3. Having examined the present case on the H
390 SUPREME COURT REPORTS (2011] 15 (ADDL.) S.C.R.
A touchstone of the aforesaid broad parameters, it is clear
that the claim of the appellant has not been examined
properly. The documentary evidence produced by the
appellant in support of his claim had been lightly brushed
aside by the Vigilance Officer as also by the Caste
B Scrutiny Committee. Insofar as the High Court is
concerned, it has rejected the claim solely on the basis
of the affinity test. It is pertinent to note that some of these
documents date back to the pre-Independence era,
issued to appellant's grandfather and thus, hold great
c probative value as there can be no reason for
suppression of facts to claim a non-existent benefit to the
'Halbi' Scheduled Tribe at that point of time. From the
documents produced by the appellant, it appears that his
near paternal relatives had Ileen regarded as belonging
to the 'Halbi' Scheduled Tribe. The Vigilance Officer's
0
report does not indicate that the documents produced by
the appellant in support of his claim are false. It merely
refers to the comments made by the Head Master with
reference to the school records of appellant's father's
E maternal brother and his aunt, which had been alleged
to be tampered with, to change the entry from Koshti '
Halba to Halba and nothing more. Neither the Head
Master was examined, nor any further enquiry was
conducted to verify the veracity of Head Master's
statement. It is of some importance to note that in similar
F cases involving appellant's first cousin and his paternal
uncle, the· High Court, while observing non-application of
mind by the Caste Scrutiny Committee, had decided a
similar claim in their favour. The documentary evidence
produced by the appellant was not examined and
G appreciated in its proper perspective and the High Court
laid undue stress on the affinity test. Thus, the decision
of the Caste Scrutiny Committee to cancel and confiscate
the caste certificate as well as the decision of the High
Court, affirming the said decision is untenable. Therefore,
H the claim of the appellant deserves to be re-examined by
ANAND v. COMMITTEE FOR SCRUTINY AND 391
VERIFICATION OF TRIBE CLAIMS
the Caste Scrutiny Committee. The decisions of Caste A
Scrutiny Committee and the High Court are set aside and
the case is remitted back to the Caste Scrutiny Committee ..
for fresh consideration. [Paras 20, 21) [402-B-H; 403-A-BJ
Kumari Madhuri Patil & Anr. v. Addi. Commissioner, B
TribalDevelopment & Ors. (1994) 6 SCC 241 - relied on.
Director of Tribal Welfare, Government of A.P. v. Laveti
Giri & Anr. (1995) 4 SCC 32 - referred to.
Sayanna v. State of Maharashtra & Ors. (2009) 10 SCC C
268; Gayatrilaxmi Bapurao Nagpure v. State of Maharashtra
& Ors. (1996) 3 sec 685- cited.
Case Law Reference:
(2009) 10 sec 268 cited Para 10 D
(1996) 3 sec 685 cited Para 10
(1994) s sec 241 relied on Paras 11,14,
15,17
E
(1995) 4 sec 32 referred to Para 15
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
6340 of 2004.
From the Judgment & Order dated 5.5.2004 of the High F
Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ
Petiticn No. 1687 of 2004.
V.A. Mohta, D.M. Nargolkar, Amey Nargolkar, Nilkanth
Nayak, Devansh A. Mohta for the Appellant.
G
Shankar Chillarge, AGA, Vivek Vishnoi, Mukesh Verma,
Yash Pal Dhingra, Asha Gopalan Nair for the Respondents.
The Judgment of the Court was delivered by
D.K. JAIN, J. 1. This appeal is directed against the H
392 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R.
A judgment of the High Court of Judicature at Bombay, Nagpur
Bench, delivered on 5th May 2004, in W.P. No.1687 of 2004.
By the impugned judgment, the High Court has affirmed the
order passed by the Committee for Scrutiny and Verification
of Tribe Claims, Amravati, (for ahort "the Caste Scrutiny
B Committee"), respondent No.1 in this appeal, cancelling the
caste certificate dated 2nd January, 2002, issued to the
appellant by the Sub-Divisional Magistrate, Pusad, District
Yavatmal, certifying that the appellant belongs to the 'Halbi'
Scheduled tribe, notified in terms of the Constitution (Scheduled
C Tribes) Order, 1950.
2. Succinctly put, the material facts giving rise to the
present appeal are as follows:
The appellant, who holds a degree of Bachelor of
D Engineering (BE), was appointed as a field officer by the
Maharashtra Pollution Control Board, respondent No.2 herein,
against a post reserved for "Scheduled Tribe", on probation with
effect from 16th March, 1998. The appointment was subject to
production of the Caste Validity Certificate. On a failure to
E produce the same, respondent No.2 issued a notice of
termination of service to the appellant. Aggrieved thereby, the
appellant approached the High Court by way of W.P. No. 4688
of 2003 inter a/ia, praying for a direction to respondent No.1
to decide the caste claim of the appellant. The High Court
F allowed the writ petition and vide order dated 2nd December
· 2003, directed respondent No.1 to decide the caste claim of
the appellant within eight weeks of the date of receipt of the
copy of the order. Respondent No.2 was also directed not to
act upon the termination notice.
G 3. In furtherance of the said order, the appellant made an
application to the Caste Scrutiny Committee under Rule 11 of
the Maharashtra Scheduled Tribes (Regulation of Issuance and
Verification Of) Certificate Rules, 2003 (for short "the Rules").
Along with the application, the appellant submitted several
H documents, including a copy of his grandfather's school leaving
ANAND v. COMMITTEE FOR SCRUTINY AND 393
VERIFICATION OF TRIBE CLAIMS [D.K. JAIN, J.]
certificate dated 8th April, 1929; a copy of school leaving A
certificate dated 6th July, 1955, issued to his father, Nilkantha
Maruti Katole; a caste certificate issued to his father on 19th
June, 1969; copies of the school leaving certificates issued to
the appellant on 8th May, 1978, 5th July, 1988 and 9th August,
1983; a college leaving certificate dated 9th July, 1990 and a B
copy of school leaving certificate issued to the real brother of
his grandfather on 21st June, 1933 etc. All these documents
recorded the Caste of those persons as 'Halbi'.
4. Not being satisfied with the documentary evidence
produced by the appellant, the Caste Scrutiny Committee C
forwarded the application to the Vigilance Cell in terms of Rule
12(2) of the Rules for conducting school, home and other
enquiry. The Vigilance Officer interviewed the appellant,
collected information about the characteristics of his caste,
which included information in relation to his family's ancestral D
profession; mother tongue; family idols and deities etc. and also
verified the school records of his relatives. On the basis of the
information so collected, the Vigilance Officer submitted its
report inter alia, reporting that the characteristics, as noticed
during enquiry did not resemble that of 'Halbi' Scheduled Tribe. E
In so far as the documentary evidence was concerned, referring
to the school record of the maternal brother of his father and
aunt of the appellant, which showed that as on 13th June, 1958
and 1st June, 1953, their caste was recorded as 'Koshti (which
is scored off) Halba' (Koshti), the Vigilance Officer submitted F
a report unfavourable to the appellant. The Vigilance Cell found
that the appellant was a member of 'Halbi' sub-caste of the
'Koshti' caste but does not belong to 'Halbi' Scheduled Tribe.
5. A copy of the report of Vigilance Cell was supplied to
the appellant by the Caste Scrutiny Committee and personal G
hearing was also granted. By order dated 20th March, 2004,
the Caste Scrutiny Committee came to the conclusion that the
appellant does not belong to 'Halbi' Scheduled Tribe. The caste
certificate issued by the Competent Authority, viz. the Sub-
H
394 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R.
A Divisional Magistrate, Pusad, Dist!. Yavatmal, was thus,
cancelled and confiscated by the Caste Scrutiny Committee,
inter a/ia observing as follows:-
"B. The documents quoted at Sr. No. 2, 4, 5, 6, 13, 26, 28
& 33 are school records in respect of relative of the
B
candidate in which Caste is recorded as Halbi. In view of
enquiry report, documents collected by enquiry office and
affinity test these documents are rejected.
G. The document quoted at Sr. No.17,19,21, 22, 23, 24 &
c 34 are the Xerox copies of validity certificates in respect
of relatives of the candidate. The ratio of this Validity
Certificate cannot be given to the candidate because the
concerned person at that time may have deliberately
suppressed to bring information now found out by the
D Inquiry Officer. Thus where there is material suppression
of facts, ratio of such order cannot be applied to other. As
directed by the Hon'ble Supreme Court, each and every
case should be decided on its own. Hence in the light of
Vigilance Cell Report, this document is rejected.
E xxxxx xxxxx
xxxxx xxxxx xxxxx
11. The candidate's mother ton;iue is Marathi which is not
F so in Halbi, Scheduled Tribe. The Surnames of relatives
from their community are reported as Katole, Parate,
Naike, Dhakte, Sorate, Nandarwar, Kumbhare etc. These
surnames are not associated with the people belonging
to Halbi, Scheduled Tribe. The information about family &
community deities do not resemble with Halbi, Scheduled
G
Tribe. The marital ceremonies, ceremonies observed after
birth, rites performed after death, customary dances, great
personalities within their community etc. as stated do not
resemble with that of Halbi, Scheduled Tribe. Thus, in view
of this information, candidate failed to establish his affinity
H towards Ha!bi Bcheduled Tribe."
ANAND v. COMMITTEE FOR SCRUTINY AND 395
VERIFICATION OF TRIBE CLAIMS [D.K. JAIN, J.]
6. It is manifest that the claim of the appellant was rejected A
mainly on the ground that he had failed to establish his affinity
towards 'Halbi' Scheduled Tribe.
7. Being aggrieved with the said order, the appellant once
again approached the High Court by preferring W.P. No.1687 B
of 2004. As aforesaid, the High Court vide impugned judgment
upheld the order of Caste Scrutiny Committee, observing thus:
"In so far as the documents are concerned, it is true that
most of the documents on which reliance is placed by the
petitioner do (sic) state the caste as Halbi but that by itself C
is not sufficient to uphold the caste claim of the petitioner
unless the petitioner is able to establish his ethnic linkage
with the so-called Scheduled Tribe. The Research Officer
and Member of the Caste Scrutiny Committee interviewed
the petitioner on these aspects and it was found that the D
petitioner was not able to satisfy the Scrutiny Committee
on this aspect of the matter. The particulars furnished by
the petitioner claiming to be belonging to caste Halbi
Scheduled Tribe do not match with the characteristics,
traits, customs, ethnic linkage on anthropological enquiry E
into the caste status of the petitioner. Therefore, though the
petitioner is in possession of certain documents even of
prior to the Presidential notification showing the caste
claim of his relatives as Halbi, the same are not enough
to certify him as belonging to caste Halbi Scheduled Tribe. F
In the order, it has been observed by the Scrutiny
Committee that in some parts of Vidarbha the old M.P.
Region, in old records the Sub Caste Halbi of the caste
Koshti is recorded as Halbi which is popularly known as
Halba Koshti and, therefore, this cannot be treated as G
such."
8. Thus, according to the High Court also, unless an
applicant establishes his ethnic linkage with a Scheduled Tribe,
his caste claim cannot be accepted merely on the strength of
documentary evidence. H
-~
396 SUPREME COURT REPORTS [2011) 15 (ADDL.) S.C.R.
A 9. Hence the present appeal.
10. Assailing the impugned judgment, Mr. V.A. Mohta,
learned senior counsel, appearing on behalf of the appellant,
strenuously contended that the report of the Vigilance Cell, on
which the Caste Scrutiny Committee had placed heavy reliance,
8
was vitiated because they failed to take into consideration the
vital documents, which included school leaving certificate
relating to appellant's grand-father issued in the year 1929.
According to the learned counsel, these documents clearly
show that the appellant belongs to the Scheduled Tribe 'Halbi'.
C It was. urged that the High Court also fell into the same error by
ignoring these documents and by solely applying the affinity test.
Drawing support from the decision of this Court in Sayanna Vs.
State of Maharashtra & Ors1., learned counsel submitted that
in the light of the documents showing that all the close relatives
D of the appellant were treated as belonging to 'Halbi' Scheduled
Tribe, appellant's claim could not be negatived on the sole
ground that he did not possess the basic characteristics,
knowledge of customs and culture of the said tribe. In aid of
the proposition that probative value of all the documents ought
E to have been taken into consideration by the Caste Scrutiny
Committee as also the High Court, reliance was placed on the
deck.ion of this Court in Gayatrilaxmi Bapurao Nagpure Vs.
State of Maharashtra & Ors. 2 •
F 11. Per contra, learned counsel appearing on behalf of the
Caste Scrutiny Committee, supporting the decision of the High
Court, submitted that in the light of the dictum of this Court in
Kumari Madhuri Patil & Anr. Vs. Addi. Commissioner, Tribal
Development & Ors. 3 , neither the Caste Scrutiny Committee
nor the High Court committed any error or illegality in relying
G upon the affinity test for invalidating the claim of the appellant.
It was asserted that having regard to the findings by the Caste
1. c2009) 10 sec 26a.
2. (1996) 3 sec 685.
H 3 (1994) 6 sec 241.
ANAND v. COMMITTEE FOR SCRUTINY AND 397
VERIFICATION OF TRIBE CLAIMS [D.K. JAIN, J.]
Scrutiny Committee, which in turn, were based .on Vigilance A
Cell's report, which took into account the ethnological
perspective, the impugned judgment cannot be faulted with.
12. Thus, the question that falls for consideration is what
parameters are to be applied in determining whether an
8
applicant belongs to a notified s.cheduled Tribe?
13. Article 342 of the Constitution of India empowers the
President of India to specify the tribes or tribal communities or
parts or groups within them which shall for the purposes of the.
Constitution be deemed to be Scheduled Tribes in relation to C
a State or a Union Territory, as the case may be. Under clause
(2) of Article 342, the power to include in or exclude from the
lists of Scheduled Tribes specified in a notification, issued under
clause (1) of Article 342 of the Constitution, vests in the
Parliament. In exercise of the powers conferred by Article 342 D
of the Constitution, the President issued an order, called the
Constitution (Scheduled Tribes) Order, 1950. This was followed
by the Scheduled Castes and Scheduled Tribes Order
(Amendment) Ai;t, 1956. In the year 1976, the Parliament
enacted the Scheduled Castes and Scheduled Tribes Order E
(Amendment) Act, 1976. Part IX of the Third Schedule to the
Amending Act specifies Scheduled Tribes for the State of
Maharashtra. One of the Scheduled Tribes so specified therein
is "Halba", "Halbi".
14. In Kumari Madhuri Patil (supra), this Court took note F
of the fact that the benefit of reservation of seats in educational
institutions, and other appointments were being denied to the
genuine tribals on the basis of false caste certificates. Terming
such caste claims as "pseudo status", the Court observed that
spurious tribes had become a threat to the genuine tribals. G
Emphasising the need to ensure that the benefit of reservation
must be made available only to genuine persons, who belong
to the notified caste or tribe, the Court said that such claims
should be judged on legal and ethnological basis. Highlighting
H
398 SUPREME COURT REPORTS [2011) 15 (ADDL.) S.C.R.
A the relevance of affinity test while considering a caste claim,
the Court observed thus:
"The anthropological moorings and ethnological kinship
affirmity (sic) gets genetically ingrained in the blood and
B no one would shake off from past, in particular, when one
is conscious of the need of preserving its relevance to
seek the status of Scheduled Tribe or Scheduled Caste
recognised by the Constitution for their upliftment in the
Society. The ingrained Tribal traits peculiar to each tribe
and anthropological features all the more become relevant
c when the social status is in acute controversy and needs
a decision. The correct projectives furnished in pro forma
and the material would lend credence and give an
assurance to properly consider the claims of the social
status and the officer or authority concerned would get an
D opportunity to test the claim for social status of particular
caste or tribe or tribal community or group or part of such
caste, tribe or tribal community. It or he would reach a
satisfactory conclusion on the claimed social status."
E 15. Again in Director of Tribal Welfare, Government of
A. P. Vs. Laveti Giri & Anr. 4 , while reiterating the guidelines laid
down in Kumari Madhuri Patil (supra), this Court observed that
it was high time that the Government of India should have the
matter examined in greater detail and bring about a uniform
F legislation with necessary guidelines and rules prescribing
penal consequences on persons who flout the Constitution and
corner the benefits reserved for the real tribals, etc., so that the
menace of fabricating records to gain unconstitutional
advantages could be prevented.
G 16. In the light of the aforesaid observations, the State of
Maharashtra enacted the Maharashtra Scheduled Castes,
Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic
Tribes, Other Backward Classes and Special Backward
H 4. (1995) 4 sec 32.
ANAND v. COMMITTEE FOR SCRUTINY AND 399
VERIFICATION OF TRIBE CLAIMS [D.K. JAIN, J.]
Category (Regulation of Issuance and Verification of) Caste A
Certificate Act, 2000 (for short "the Act'). The Act made
statutory provisions for verification and scrutiny of caste claims
by the Competent Authority and subsequently by the Caste
Scrutiny Committee. In exercise of its rule making power under
the Act, the State notified the Rules laying down a complete 8
procedure for obtaining and verification of Scheduled Tribes
Certificate. Therefore, insofar as the State of Maharashtra is
concerned, the verification and grant and/or rejection of
Scheduled Tribe Certificate by the Caste Scrutiny Committee
has to be as per the procedure prescribed in the Rules. c
17. Rule 11(2) enumerates a list of documents to be filed
along with the application to the Caste Scrutiny Committee. Rule
12 prescribes the procedure to be followed by the Caste
Scrutiny Committee on receipt of such application in the
prescribed format. It provides that if the Caste Scrutiny D
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. Sub-rule (3) of Rule 12 requires the Vigilance Officer
to visit the local place of residence and the original place from E
where the applicant hails and usually resides. The rules further
stipulate that the Vigilance Officer shall personally verify and
collect all the facts about the social status claimed by the
applicant or his parents or guardians, as the case may be. He
is also required to examine the parents or the guardians or the F
applicant for the purpose of verification of their tribe. It is evident
that the scope of enquiry by the Vigilance Officer is broad-
based and is not confined only to the verification of documents
filed by the applicant with the application or the disclosures
made therein. Obviously, the enquiry, supposed to be G
conducted by the Vigilance Officer, would include the affinity
test of the applicant to a particular tribe to which he claims to
belong. In other words, an enquiry into the kinship and affinity
of the applicant to a particular Scheduled Tribe is not alien to
the scheme of the Act and the Rules. In fact, it is relevant and H
400 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R.
A germane to the determination of social status of an applicant.
We are of the view that for the purpose of examining the caste
claim under the Rules, the following observations of this Court
in Kumari Madhuri Patil (supra), still hold the field:-
"... The vigilance officer shm•'.d personally verify and collect
B all the 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
c persons who have knowledge of the social status of the
candidate and then submit a report to the Directorate
together with all particulars as envisaged in the pro forma,
in particular, of the Scheduled Tribes relating to their
peculiar anthropological and ethnological traits, deity,
D rituals, customs, mode of marriage, death ceremonies,
method of burial of dead bodies etc. by the castes or tribes
or tribal communities concerned etc."
18. It is manifest from the afore-extracted paragraph that
E the genuineness of a caste claim has to be considered not only
on a 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
F examine a caste claim. Nevertheless, we feel that the following
broad parameters could be kept in view while dealing with a
caste claim:
(i) While dealing with documentary evidence, greater
G 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-Independence documents. In case the applicant is the
first generation ever to attend school, the availability of any
H documentary evidence becomes difficult, but that ipso facto
ANAND v. COMMITIEE FOR SCRUTINY AND 401
VERIFICATION OF TRIBE CLAIMS [D.K. JAIN, J.]
does not call for the rejection of his claim. In fact the mere A
fact that he is the first generation ever to attend school,
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 B
be afforded to the applicant;
(ii) While applying the affinity test, which focuses on the
ethn0logical connections with the scheduled tribe, a
cautious approach has to be adopted. A few decades c
ago, when the tribes were somewhat immune to the cultural
development happening around them, the affinity test could
serve as a determinative factor. However, with the
migrations, modernisation and contact with other
communities, these communities tend to develop and D
adopt new traits which may not essentially match with the
traditional characteristics of the tribe. Hence, affinity test
may not be 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 E
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 tribes' peculiar
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 F
used to corroborate the documentary evidence and should
not be the sole criteria to reject a claim.
19. Needless to add that the burden of proving the caste
claim is upon the applicant. He has to produce all the requisite G
documents in support of his claim. The Caste Scrutiny
Committee merely performs the role of verification of the claim
and therefore, can only scrutinise the documents and material
produced by the applicant. In case, the material produced by
the applicant does not prove his claim, the Committee cannot H
402 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R
A gather evidence on its own to prove or disprove his claim.
20. Having examined the present case on the touchstone
of the aforesaid broad parameters, we are of the opinion that
the claim of the appellant has not been examined properly. We
feel that the documentary evidence produced by the appellant
8
in support of his claim had been lightly brushed aside by the
Vigilance Officer as also by the Caste Scrutiny Committee.
Insofar as the High Court is concerneo, it has rejected the claim
solely on the basis of the affinity test. It is pertinent to note that
some of these documents date back to the pre-Independence
C era, issued to appellant's grandfather and thus, hold great
probative value as there can be no reason for suppression of
facts to claim a non-existent benefit to the 'Halbi' Scheduled
Tribe at that point of time. From the documents produced by
the appellant, it appears that his near paternal relatives had
D been regarded as belonging to the 'Halbi' Scheduled Tribe. The
Vigilance Officer's report does not indicate that the documents
produced by the appellant in support of his claim are false. It
merely refers to the comments made by the Head Master with
reference to the school records of appellant's father's maternal
E brother and his aunt, which had been alleged to be tampered
with, to change the entry from Koshti Halba to Halba and
nothing more. Neither the Head Master was examined, nor any
further enquiry was conducted to verify the veracity of Head
Master's statement. It is of some importance to note at this
F juncture that in similar cases, involving appellant's first cousin
and his paternal uncle, the High Court, while observing non-
application of mind by the Caste Scrutiny Committee, had
decided a similar claim in their favour. We are convinced that
the documentary evidence produced by the appellant was not
G examined and appreciated in its proper perspective and the
High Court laid undue stress on the affinity test. Thus, the
decision of the Caste Scrutiny Committee to cancel and
confiscate the caste ~certificate as well as the decision of the
High Court, affirming the said decision is untenable. We are,
H therefore, of the opinion that the claim of the appellant deserves
ANAND v. COMMITTEE FOR SCRUTINY AND 403
VERIFICATION OF TRIBE CLAIMS [D.K. JAIN, J.]
to be re-examined by the Caste Scrutiny Committee. For the A
view we have taken on facts in hand, we deem it unnecessary
to refer to the decisions cited at the bar.
21. Resultantly, the appeal is allowed; the decisions of
Caste Scrutiny Committee and the High Court are set aside
8
and the case is remitted back to the Caste Scrutiny Committee
for fresh consideration in accordance with the relevant rules and
the aforesaid broad guidelines.
22. However, the parties are left to bear their own costs.
c
B.B.B. Appeal allowed.
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