Fix time limit to make caste or tribe claims to prevent fake ones: Bombay HC
These suggestions came after the bench came across the case of a medical student from Nanded, who said she belonged to a Scheduled Tribe.cities Updated: Jun 10, 2018 00:19 IST
The Bombay high court (HC) has suggested that there should be a fixed time limit to make caste or tribe claims in order to stop the menace of fake caste claims and issuance of validity certificates.
“It is necessary to fix the time limit for making claims by persons that they belong to a particular tribe or caste,” said the bench of Justice SV Gangapurwala and Justice AM Dhavale. It also expressed the need for computerisation of the entire data of various caste scrutiny committees to ensure proper examination of these claims.
These suggestions came after the bench came across the case of a medical student from Nanded, who said she belonged to a Scheduled Tribe. She approached the HC after her claim was rejected by the Scheduled Tribe Caste Certificate Verification Committee at Aurangabad. She complained that her tribe claim was rejected although the Scheduled Tribe certificates of two paternal relatives of her father were validated by the committee and the vigilance report supported her claim.
The HC, however, found that at least one of these two relatives had “obtained a validity certificate by playing fraud.” Besides, the bench also noted that there were material differences in the affidavits filed in support of the tribe claims of the two relatives and different genealogical trees were submitted.
Therefore, the HC warned scrutiny committees to “insist on a complete genealogical tree with a declaration that no further relatives of the same genealogy are known to the petitioner,” said the bench. It added that once such a complete genealogical tree is filed, it should be strictly verified by the vigilance officer. The petitioner cannot later claim some persons not shown in the genealogical tree as his or her paternal relatives who have already obtained validity certificates.
The court has now remanded the student’s tribe claim back to the scrutiny committee for fresh adjudication. It has also directed the committee to reopen the tribe claims of the two relatives of her father and adjudicate the same afresh after giving them opportunity of hearing.