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Supreme Court of India 2023-03-24 allowed

SWARAKSHAN SAMITI vs THE STATE OF MAHARASHTRA & ORS

Bench: 3 — Sanjay Kishan Kaul, Abhay S. Oka, Manoj Misra

In Brief

This judgment addresses the role of affinity tests in verifying caste claims under the Maharashtra Caste Certificate Act, 2000. The Supreme Court held that affinity tests are not a mandatory "litmus test" for all caste claims. Rather, the Scrutiny Committee may refer cases to a Vigilance Cell for affinity testing only when unsatisfied with the documentary evidence produced by applicants. Pre-Constitution documents and valid caste certificates granted to blood relatives carry significant weight and may suffice without affinity testing. While affinity test results should be considered alongside other evidence, they cannot alone determine caste claims. The Court emphasized that mechanical, routine referrals to Vigilance Cells undermine the statutory two-tier scrutiny scheme designed for efficient caste claim verification.

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Constitutional Law Scheduled Castes and Scheduled Tribes Caste Certificates Administrative Law Quasi-Judicial Procedure Verification and Scrutiny Affinity Test Anthropological Evidence

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