MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI versus THE STATE OF MAHARASHTRA & ORS.

Citation: [2023] 3 S.C.R. 1100 · Decided: 24-03-2023 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Reference answered

Cited by 3 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 3 S.C.R.
   [2023] 3 S.C.R. 1100
1100
MAH. ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI
v.
THE STATE OF MAHARASHTRA & ORS.
(Civil Appeal No. 2502 of 2022)
MARCH 24, 2023
[SANJAY KISHAN KAUL, ABHAY S. OKA AND
MANOJ MISRA, JJ.]
Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Act, 2000 – ss. 2, 3, 4, 5, 6, 9
– Maharashtra Scheduled Tribes (Regulation of issuance and
verification of) Certificate Rules, 2003 – rr. 10, 12 – Maharashtra
Scheduled Castes, De-notified Tribes, (Vimukta Jatis), Nomadic
Tribes, Other Backward Classes and Special Backward Category
(Regulation of issuance and verification of) Caste Certificate Rules,
2012 – 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 – Held: Only when the Scrutiny Committee after holding
an enquiry is not satisfied with the material produced by the
applicant, the case can be referred to Vigilance Cell – While referring
the case to Vigilance Cell, the Scrutiny Committee must record brief
reasons for coming to the conclusion that it is not satisfied with the
material produced by the applicant – Only after a case is referred
to the Vigilance Cell for making enquiry, an occasion for the conduct
of affinity test will arise – 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 – 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.
Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
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Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Act, 2000 – Maharashtra
Scheduled Tribes (Regulation of Issuance and verification of)
Certificate Rules, 2003 – Maharashtra Scheduled Castes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Rules, 2012 – Whether Caste
Scrutiny Committee performs quasi-judicial function – Held :
Scrutiny Committee under the 2000 Act has been entrusted with
various powers of the Civil Court under the Code of Civil Procedure,
1908 – The powers include a power to enforce the attendance of
any witness, to receive evidence on affidavits, to issue commissions
for the examination of witnesses or documents etc – The scheme of
the 2000 Act and both SC and ST Rules provides for the Scrutiny
Committee holding an enquiry on the caste claim of the applicant,
if necessary, after examining the applicant on oath, recording
evidence of witnesses and calling for documents and records etc. –
Scrutiny Committee is expected to record reasons for granting and
rejecting the prayer for issue of caste validity certificates – Thus,
the Scrutiny Committee has all the trappings of a quasi-judicial
authority.
Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Act, 2000 – Maharashtra
Scheduled Tribes (Regulation of Issuance and verification of)
Certificate Rules, 2003 – Maharashtra Scheduled Castes, De-
notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation of Issuance
and Verification of) Caste Certificate Rules, 2012 –There was a
conflict of views expressed in Vijakumar v. State of Maharashtra &
Ors. and Anand v. Committee for Scrutiny and Verification of Tribe
Claims & Ors. regarding recourse to affinity test – Held: In view of
the fact that the 2000 Act and Rules were not considered, the decision
in the case of Vijakumar is not a binding precedent for the
proposition that in every case, the Scrutiny Committee is required to
take recourse to the affinity test by 

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