A significant verdict emphasizing consistency and fairness in caste validation procedures has emerged from the Bombay High Court. The court has upheld the tribal status of a student, overturning the decision of the Scheduled Tribe Certificate Scrutiny Committee.
Delivered by a division bench comprising Justice M M Sathaye and Justice Nitin Jamdar, this ruling not only ensures the rightful recognition of the petitioner's tribal identity but also serves as a beacon of hope for similar cases embroiled in bureaucratic entanglements.
The case in question revolved around the tribal affiliation of the student, whose certificate claiming membership in the Thakar scheduled tribe was invalidated by the committee in November 2021. This decision mirrored the committee's prior rejection of tribal credentials for the student's father, Satish Thakur, and uncle, Aniruddha Thakur, in 2016.
However, the High Court's meticulous scrutiny of the evidence presented revealed a stark incongruity between the committee's verdict and the ground realities. Citing its earlier judgment in a related case from April 20, 2021, wherein the committee's decision was deemed "totally perverse and unsustainable," the court emphasized the imperative of maintaining consistency in such matters. It underscored that adherence to previous rulings was indispensable to prevent discordant outcomes within the same family, as observed in this case.
Advocate Rajeshwar Panchal, representing the petitioner, underscored the flawed reliance of the scrutiny committee on the "affinity test," emphasizing its inadequacy as a litmus test for tribal identity. Panchal expressed optimism that the court's verdict would serve as a guiding precedent, compelling the committee to reevaluate its approach in similar cases and dispense justice devoid of arbitrariness.
The division bench's ruling reflects a judicial commitment to rectify administrative lapses and uphold the fundamental principle of equality before the law. It stands as a testament to the judiciary's role in safeguarding the rights of marginalized communities and ensuring that the machinery of governance operates in consonance with principles of fairness and equity.
