Indian Kanoon - Search engine for Indian Law

9. ……………….

 10. ……………..

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.” (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 18 th October 2001, the Maharashtra Scheduled Castes, Scheduled Tribes, De­notified 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 categories of backward classes. A two­level 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 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 for the examination of witnesses or production of documents. Rule­making 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, De­notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate 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 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 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 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

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 Thakur v. 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 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 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 Verification of Tribe Claims & Ors.4. In paragraph 9 of the decision in the case of 2 2009 (3) Mh.LJ (F.B) 995 3 (2010) 14 SCC 489 4 (2012) 1 SCC 113 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 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.

WHETHER CASTE SCRUTINY COMMITTEE PERFORMS QUASI­JUDICIAL FUNCTION

27. Before we go into the decisions in the cases of Vijakumar3 and Anand4, we need to deal with an argument made by one of the interveners that the Scrutiny Committee is not a quasi­judicial 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:

“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 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 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 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 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)

(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 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.