Case Note & Summary
The petitioner, Mrunmayi Sanjay Kudmulwar, filed a writ petition challenging the order dated 24/11/2020 passed by the Scheduled Tribe Caste Certificate Verification Committee, Aurangabad (respondent No.2), which invalidated her tribe claim as 'Mannervarlu' (Scheduled Tribe). The petitioner had applied for a tribe validity certificate to pursue admission in NEET-UG-2020. The committee rejected her claim, leading to the present petition. The High Court examined the committee's order and found that it had ignored crucial documentary evidence, including the petitioner's school records, birth extracts, and revenue records, which consistently showed her caste as 'Mannervarlu'. The court noted that the committee's findings were perverse and based on non-consideration of relevant material. The court held that the committee had acted arbitrarily and in violation of principles of natural justice. Consequently, the court quashed the impugned order and directed the committee to issue a tribe validity certificate to the petitioner within four weeks. The petition was allowed with no order as to costs.
Headnote
A) Constitution of India - Article 226 - Judicial Review - Caste Scrutiny Committee Order - The High Court can interfere with a committee's order if it is perverse, based on non-consideration of relevant material, or suffers from legal infirmity. (Paras 5-6) B) Scheduled Tribes - Caste Validity - 'Mannervarlu' Tribe - Documentary Evidence - School records, revenue records, and birth extracts are relevant and must be considered; ignoring such documents renders the order perverse. (Paras 5-6) C) Scheduled Tribes - Caste Validity - Burden of Proof - Once the petitioner produces contemporaneous documents showing continuous recognition as a Scheduled Tribe, the committee cannot reject the claim without cogent reasons. (Paras 5-6)
Issue of Consideration
Whether the impugned order of the Scheduled Tribe Caste Certificate Verification Committee invalidating the petitioner's tribe claim as 'Mannervarlu' (Scheduled Tribe) is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 24/11/2020 passed by the Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, is quashed and set aside. The committee is directed to issue a tribe validity certificate to the petitioner within four weeks. Rule is made absolute. No order as to costs.
Law Points
- Caste Scrutiny Committee must consider all relevant documents
- cannot ignore entries in school records and revenue records
- perverse findings warrant judicial review under Article 226.
