MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PRELUDE

(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 & Others; 1994 6 SCC 241, this Court noted that it was necessary 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 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:

(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 18/10/2001, 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 Sec. 6 to verify the correctness of the caste certificates issued by the Competent Authority. Sec. 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.