Case Note & Summary
The petitioner, Kranti D/o Shivdas Pentewad, a 19-year-old student pursuing NEET-UG-2021, applied for a Scheduled Tribe validity certificate claiming 'Mannerwarlu' tribe based on blood relations. Respondent No.2, the Scheduled Tribe Certificate Scrutiny Committee, rejected her claim by order dated 18.2.2022. The petitioner was selected for B.D.S. course under the State quota but needed to submit the tribe validity certificate by 5:00 p.m. on the day of hearing. The petitioner argued that the Committee ignored the caste validity of her blood relations, which were not cancelled, and that the law is well settled that once tribe validity is granted to a blood relative, it is unjust to invalidate the claim of descendants. She also contended that the allegation of adding the word 'lu' to her caste in documents was not under her control as the documents were not in her custody. The court, after hearing both sides, found that the Committee had erred in law by not considering the settled position and abruptly recording a finding that the blood relative's validity was obtained by suppressing facts. The court allowed the petition, quashed the impugned order, and directed the Committee to reconsider the matter in light of the observations, with a direction to decide within two weeks.
Headnote
A) Scheduled Tribes - Caste Validity - Blood Relation - The Scrutiny Committee erred in rejecting the petitioner's tribe claim based on blood relations when the blood relative's validity certificate was not cancelled. The court held that once a tribe validity is granted to a blood relative, it is unjust to invalidate the claim of descendants without cancellation of that certificate (Paras 2-4).
B) Scheduled Tribes - Interpolation in Documents - Burden of Proof - The interpolation of the word 'lu' in documents was not attributable to the petitioner as the documents were not in her custody. The court held that the petitioner cannot be penalized for additions made by unknown persons (Para 4).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee erred in rejecting the petitioner's claim of 'Mannerwarlu' Scheduled Tribe status based on blood relations, despite the blood relative's validity certificate not being cancelled.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 18.2.2022, and directed respondent no.2 to reconsider the matter in light of the observations made in the judgment, within a period of two weeks from the date of the order.
Law Points
- Tribe validity certificate of blood relative is binding on scrutiny committee unless cancelled
- Interpolation in documents not attributable to petitioner cannot be basis for rejection
- Scrutiny committee must consider settled legal position on blood relation validity
Case Details
2022 LawText (BOM) (03) 13
Writ Petition No.3304 of 2022
R.D. Dhanuka, S.G. Mehare
Mr. U.P. Giri along with Ms. S.L. Puri for petitioner; Mr. S.P. Tiwari, A.G.P. for respondent nos.1, 2 & 4
Kranti D/o Shivdas Pentewad
The State of Maharashtra, The Member Secretary Deputy Director, Scheduled Tribe Certificate Scrutiny Committee, The Commissioner & Competent Authority, Commissionerate of Common Entrance Test Cell, The Sub-Divisional Magistrate
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Nature of Litigation
Writ petition challenging rejection of Scheduled Tribe certificate validity claim by the Scrutiny Committee.
Remedy Sought
Petitioner sought quashing of the order dated 18.2.2022 rejecting her tribe claim and direction to issue tribe validity certificate.
Filing Reason
The Scrutiny Committee rejected the petitioner's claim of 'Mannerwarlu' Scheduled Tribe status based on blood relations, despite the blood relative's validity certificate not being cancelled.
Previous Decisions
The Scrutiny Committee passed order dated 18.2.2022 rejecting the petitioner's claim.
Issues
Whether the Scrutiny Committee erred in rejecting the petitioner's tribe claim based on blood relations when the blood relative's validity certificate was not cancelled.
Whether the interpolation of the word 'lu' in documents can be attributed to the petitioner when the documents were not in her custody.
Submissions/Arguments
Petitioner argued that the Committee ignored the caste validity of blood relations which were not cancelled, and the law is well settled that once tribe validity is granted to a blood relative, it is unjust to invalidate the claim of descendants.
Petitioner argued that the allegation of adding word 'lu' was not under her control as the documents were not in her custody.
Respondents argued that the tribe validity of blood relative was obtained by suppressing facts from the Committee.
Ratio Decidendi
Once a tribe validity certificate is granted to a blood relative and is not cancelled, the Scrutiny Committee cannot reject the claim of a descendant based on that blood relation without cancelling the relative's certificate. Interpolation in documents not attributable to the petitioner cannot be the basis for rejection.
Judgment Excerpts
The law is well settled that once the tribe validity is granted to the blood relative, it is unjust to invalidate the claim of the descendants.
The petitioner has explained that the so called interpolation by adding word 'lu' is not done by her and she is not aware who has added the word 'lu'.
Procedural History
The petitioner applied for a Scheduled Tribe validity certificate. Respondent No.2 rejected her claim by order dated 18.2.2022. The petitioner then filed the present writ petition on an urgent basis as she needed to submit the certificate by 5:00 p.m. on the hearing date for her B.D.S. selection. The court heard the matter on 14.3.2022 and passed the judgment.
Acts & Sections
