Gujarat HC stays FIR against youth, reprimands scrutiny committee for cancelling his caste certificate
Updated: Jan 1st, 2025
Gujarat High Court has reprimanded the state government's Scrutiny Committee (the committee that verifies caste certificates) and stayed an FIR against a youth in a case where his caste certificate was wrongfully cancelled by the committee.
The youth had obtained his caste certificate based on documents that proved his father and his ancestors were from the Hindu Bhil tribe.
However, the Scrutiny Committee wrongfully cancelled the certificate, and recommended filing an FIR against the youth. The youth approached the high court, alleging the wrongful cancellation.
During the hearing, Justice Maulik Shelat issued notices to the Assistant Commissioner of the Tribal Development Department and other concerned authorities, asking them to respond to the matter. Additionally, the high court stayed the Scrutiny Committee’s recommendation for filing an FIR against the youth.
The high court further clarified that the Scrutiny Committee’s recommendation to file an FIR was inconsistent with Section 12(1) of the Gujarat Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2018.
The court also noted that the youth’s father and ancestors were listed under the Scheduled Tribes (ST) category, and the youth had applied for the certificate based on legitimate documents of his father’s birth certificate and supporting evidence from his grandfather’s cousin. The caste certificate was issued accordingly, and the youth had done no wrong.
The court stated that the Scrutiny Committee’s decision was legally flawed and should be annulled. The high court has also called for a response from the authorities regarding this issue.
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