VidhiSangh

Supreme Court of India · 24/03/2023

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

[2023] 3 S.C.R. 1100 · 2023 INSC 286

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Summary

Appeals concerning Scheduled Tribe claims of persons surnamed Thakur in Maharashtra, led by a challenge to a Full Bench decision of the Bombay High Court, were referred to a three-Judge Bench because Vijakumar treated failure of the affinity test as fatal while Anand treated the test as merely corroborative. Construing the Maharashtra caste certificate Act of 2000 and the Scheduled Tribe Rules of 2003, the Court held that the Scrutiny Committee is a quasi-judicial body in a two-tier scheme, that it may refer a case to the Vigilance Cell only after recording brief reasons for dissatisfaction with the applicant's documents, that the affinity test arises only after such a reference and can never be conclusive either way, and that it is not a litmus test or an essential step in every case. Vijakumar, decided without reference to the Act and Rules, is not binding.

Issues

  1. Whether, in verifying a Scheduled Tribe claim under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, the affinity test is a litmus test or an integral part of the determination in every case.
  2. When the Scrutiny Committee may refer a case to the Vigilance Cell, and how it should treat caste validity certificates granted to the applicant's blood relatives.
  3. Whether the Scrutiny Committee constituted under the 2000 Act is a quasi-judicial or merely administrative authority.

Provisions considered

Held

Result

Reference answered: a reference to the Vigilance Cell may be made only after the Scrutiny Committee records brief reasons for dissatisfaction with the applicant's material; the affinity test arises only after such reference, is not conclusive either way, and is not a litmus test or essential step in every case; the Full Bench observation in Shilpa Vishnu Thakur treating the affinity test as integral disapproved; Registry directed to place the appeals and petitions before the appropriate Bench for decision in light of the reference.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 1100.