Practice and Procedure – Appellant approached the Committee concerned as also the High Court for a declaration that by birth he belongs to “Thakar” caste, a Schedule Tribe – Claim dismissed – Held: Committee though considered some documents filed by the appellant but did not consider all the documents on which the appellant had placed reliance – High Court in its writ jurisdiction declined to go into the merits of the writ petition – When a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court/Committee/Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to entire evidence and record its reasoned findings whether accepting the evidence or rejecting it – This principle was not followed by the Committee– Case remanded to the Committee for considering it afresh – Order of High Court and the Committee set aside.
Allowing the appeal, the Court
HELD: 1.1 The Committee though considered some
documents filed by the appellant but did not consider all the documents on which the appellant had placed reliance. The High Court in its writ jurisdiction declined to go into the merits of the writ petition stating that since the issue involves questions of fact, it was not possible to examine the case on facts in its writ jurisdiction. It was more so when the Committee probed the issue in detail on facts. When a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court/Committee/Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to the entire documentary evidence on which the party has placed reliance for proving his case and record its reasoned findings whether accepting the evidence or rejecting it. What is important is the consideration of entire evidence adduced by the parties in accordance with law while deciding the case. This principle was not followed by the Committee while considering the appellant’s case. The case is remanded to the Committee for reconsideration of the appellant’s case on its merits in accordance with law. [Paras 10-12] [1058-E-H; 1059-A]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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