Case Note & Summary
The petitioner, Tejashree Mangilal Dambale, a student who completed a Diploma in Pharmacy and participated in the admission process for direct Second Year of the full-time Under Graduate Degree Course in Pharmacy for the Academic Year 2023-24, secured admission from the ST reserved category. She was required to produce a Tribe Validity Certificate, failing which her admission would be automatically cancelled. She challenged an order dated 31 July 2023 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nashik (Respondent No.1), which invalidated her claim of belonging to the Koli Mahadev Scheduled Tribe and cancelled her Tribe Certificate dated 12 December 2018. The main ground of challenge was that Respondent No.1 committed a serious error in discarding the Validity Certificates issued in favour of her father and cousin uncle. The petitioner contended that Respondent No.1 exceeded its jurisdiction by suo moto reviewing the correctness of those Validity Certificates, which were not challenged by anybody and were occupying the field. The court analyzed the jurisdiction of the Scrutiny Committee and held that the Validity Certificates of blood relatives are binding and cannot be suo moto reviewed or discarded without a challenge. The court allowed the petition, quashed the impugned order, and directed Respondent No.1 to reconsider the petitioner's claim in light of the Validity Certificates of her father and cousin uncle.
Headnote
A) Scheduled Tribes - Validity Certificate - Suo Moto Review - Jurisdiction of Scrutiny Committee - The Scrutiny Committee exceeded its jurisdiction by suo moto reviewing and discarding Validity Certificates issued to the petitioner's father and cousin uncle, which were not challenged by any party. Held that such certificates, being in favour of blood relatives, are binding on the Committee and cannot be ignored or reviewed without a challenge (Paras 5-10).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee has jurisdiction to suo moto review and discard Validity Certificates issued in favour of the father and cousin uncle of the petitioner, which were not challenged by any party, while considering the petitioner's claim for a Tribe Validity Certificate.
Final Decision
The court allowed the petition, quashed the impugned order dated 31 July 2023, and directed Respondent No.1 to reconsider the petitioner's claim for a Tribe Validity Certificate in light of the Validity Certificates of her father and cousin uncle, without suo moto reviewing those certificates.
Law Points
- Tribe Validity Certificate
- Suo Moto Review
- Jurisdiction of Scrutiny Committee
- Binding Nature of Validity Certificates of Relatives
- Scheduled Tribes (Recognition of Forest Rights) Act
- 2006
Case Details
2023 LawText (BOM) (09) 43
Writ Petition No.10759 of 2023
Sunil B. Shukre, Firdosh P. Pooniwalla
Mr. Vivek V. Salunkhe (for Petitioner), Mr. S. B. Kalel, AGP (for Respondents)
Tejashree Mangilal Dambale
The Scheduled Tribe Certificate Scrutiny Committee, Nashik; The State of Maharashtra; The State of Maharashtra through Commissioner and Competent Authority State Common Entrance Test Cell, Maharashtra State, Mumbai
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Nature of Litigation
Writ Petition challenging an order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's claim of belonging to the Koli Mahadev Scheduled Tribe and cancelling her Tribe Certificate.
Remedy Sought
The petitioner sought quashing of the impugned order dated 31 July 2023 and a direction to Respondent No.1 to reconsider her claim in light of the Validity Certificates of her father and cousin uncle.
Filing Reason
The petitioner's Tribe Certificate was invalidated and cancelled by Respondent No.1, which she challenged on the ground that Respondent No.1 exceeded its jurisdiction by suo moto reviewing Validity Certificates of her blood relatives.
Previous Decisions
The Scheduled Tribe Certificate Scrutiny Committee, Nashik passed an order dated 31 July 2023 invalidating the petitioner's claim and cancelling her Tribe Certificate dated 12 December 2018.
Issues
Whether the Scrutiny Committee has jurisdiction to suo moto review and discard Validity Certificates issued in favour of blood relatives of the petitioner, which were not challenged by any party.
Submissions/Arguments
The petitioner argued that Respondent No.1 committed a serious error in discarding the Validity Certificates of her father and cousin uncle, and exceeded its jurisdiction by suo moto reviewing their correctness without any challenge.
The respondents argued in support of the impugned order, but the judgment does not detail their specific submissions.
Ratio Decidendi
The Scrutiny Committee does not have jurisdiction to suo moto review and discard Validity Certificates issued in favour of blood relatives of the claimant, which are not challenged by any party. Such certificates are binding on the Committee and must be given due weight while considering the claimant's application.
Judgment Excerpts
It is the case of the Petitioner that Respondent No.1 committed a serious error in attempting to suo moto review the correctness of the said Validity Certificates which were not challenged by anybody and which were occupying the field.
It is the case of the Petitioner that Respondent No.1 has completely exceeded its jurisdiction by going into the correctness of the Validity Certificates of the father and cousin uncle of the Petitioner.
Procedural History
The petitioner filed Writ Petition No.10759 of 2023 before the Bombay High Court challenging the order dated 31 July 2023 of the Scheduled Tribe Certificate Scrutiny Committee, Nashik. The petition was heard and reserved on 1 September 2023, and judgment was pronounced on 14 September 2023.
Acts & Sections
- Scheduled Tribes (Recognition of Forest Rights) Act, 2006:
