Tribe Validity Certificate Granted To Family Member Of Applicant Can Be Ignored Only If There Is Evidence That It Was Obtained By Fraud: Bombay HC

The Bombay High Court has observed that a Tribe Validity Certificate issued to a family member of an applicant can only be ignored in the event of receiving evidence that it has been obtained by playing a fraud.

In view of the same, the Bench of Justice Urmila Joshi Phalke and Justice Avinash G Gharote observed, "The Committee, while examining the claim of petitioners, ought to have considered that the Tribe Validity Certificate is granted to the family member of petitioners in view of judgments of this court after verifying and scrutinizing the documents. The said judgment has attained finality as the same was not challenged. The Tribe Validity Certificate granted to the family member of petitioners can only be ignored in the event of receiving evidence that the Tribe Validity Certificate has been obtained by playing a fraud. It is only in such cases, in case fraud is established, the Committee can re-examine the facts."

Senior Counsel Anil S Mardikar appeared for the petitioner, while Counsel PN Sharma and AGP NS Rao appeared for the respondent. 

In this case, the petitioners were siblings. Umesh was employed as an 'Assistant Teacher' at Janta High School, Ku.Kalpana was employed as a 'Teacher' at Amolakchand Mahavidyalaya and Suryakant as an 'Associate Professor' at Adarsha Science Jairamdas Bhagchand Arts and Birla Commerce Mahavidyalaya.

Suryakant faced termination due to the absence of a Caste Validity Certificate. Respective institutions submitted proposals for caste claims. The petitioners presented a genealogical tree, asserting their great-grandfather and grandfather were recorded as "Halbi." They highlighted consistent pre-independence entries, indicating their Halbi lineage.

Despite clarifications on certain entries, the Committee invalidated the claim. The petitioners emphasized a precedent where the Tribe Validity of Rajesh, a brother, was approved. They argued the Committee's decisions were arbitrary and should be overturned.

The Court observed that the Scheduled Tribe Caste Scrutiny Committee should have been mindful of the fact that it is not an appellate authority to test the correctness of an order of validation issued by the Court after scrutiny of the material and that it was under obligation to rely upon the Tribe Validity Certificate granted by the Court. In that context, it was said that, "In the present case, it is nowhere contended by the Committee that earlier the Tribe Validity Certificate granted is either obtained by fraud. The Committee must understand that such approach would result into anomaly in the family if its members have different social status. The Committee is under obligation to rely upon the Tribe Validity Certificate granted in view of the judgments of this court and cannot adopt an approach as if it is sitting in appeal over the judgment of this court".

Subsequently, the petitions were allowed, and it was ordered that the petitioners be issued Caste Validity Certificates, and be reinstated in services with all service benefits.

Cause Title: Umesh vs Scheduled Tribe Caste Scrutiny Committee & Anr.

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