TITLE : Omkar v The state of Maharashtra
CORAM : Hon’ble Justice Ravindra v Ghuge
DATE : 15th January 2024
CITATION : WP No. 13567 Of 2021
FACTS
It was claimed by the petitioner that they belong to a particular tribe called as Thakar Scheduled Tribe, which was invalidated by the scheduled tribes certifying authority. It was argued that the collector has approved the petitioners in belonging in the community. The same was forwarded to the Scheduled Tribes certifying scrutiny authority. It was contended that the procedure adopted by the Committee is contrary to Rule 12(7)(8) of the 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. The vigilance committee also approved the petitioners as belonging to the caste.
LAWS INVOLVED
The scheme under Rule 12, particularly, sub-clause (7) and (8) would depict that once the vigilance cell report is favourable, the Committee shall normally rely upon the same and issue validity certificates.
ISSUES
Whether the petitioner belong to the thakar community?
JUDGEMENT
The court observed the evidence provided by the petitioners which were national census including the relatives as ‘Thakar’ caste. Records also figured school certificates of the cousin and grandfather of the petitioners to declare them as belonging to the thakar community.
The court held that the petitioners have proved themselves to be belonging to the thakar community through census record.
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Written by- Sanjana Ravichandran
