Case Note & Summary
The petitioner, Kum. Shweta Kesarinath Shivdikar, claimed to be a member of the Mahadeo Koli Scheduled Tribe and obtained a tribe certificate, which was referred to the Scheduled Tribe Certificate Scrutiny Committee. The Committee rejected her claim by order dated 22.2.2007. She filed a writ petition in the Bombay High Court, which was initially dismissed on 14.8.2007. The Supreme Court remanded the matter for fresh consideration in light of conflicting entries in the birth certificate and school record of her grandfather. The High Court heard the parties and examined the record. It found that in the school records, her uncles, aunts, and father were shown as 'Hindu', and her grandfather's caste was initially 'Koli' at nursery admission but later 'Koli Mahadeo' at primary school. However, the birth certificate of her grandfather from the Municipal Corporation showed his caste as 'Son Koli', which is not a Scheduled Tribe. The court noted that 'Koli' is an Other Backward Caste, not a Scheduled Tribe, and the petitioner failed to explain the inconsistencies. The court held that the Scrutiny Committee's order was correct and dismissed the petition.
Headnote
A) Scheduled Tribes - Caste Validation - Burden of Proof - The claimant must prove her tribe status with clear and consistent evidence - The petitioner relied on school records showing her grandfather as 'Koli Mahadeo' but her birth certificate showed 'Son Koli' and other relatives were recorded as 'Koli' or 'Hindu' - Held that the inconsistencies were not satisfactorily explained and the Scrutiny Committee's rejection was justified (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to a validation certificate as a member of the Mahadeo Koli Scheduled Tribe based on the evidence on record.
Final Decision
The petition is dismissed. The order of the Scrutiny Committee dated 22.2.2007 rejecting the petitioner's claim for validation of her tribe certificate is upheld.
Law Points
- Burden of proof lies on claimant to establish Scheduled Tribe status
- School records and birth certificates are relevant evidence
- Inconsistencies in caste entries must be resolved in favor of the state if not satisfactorily explained
Case Details
2010 LawText (BOM) (01) 323
Writ Petition No. 1207 of 2007
F.I. Rebello, J.H. Bhatia
Mr. R.K. Mendadkar for petitioner, Mr. Niranjan Pandit, AGP for respondents
Kum. Shweta Kesarinath Shivdikar
State of Maharashtra, Scheduled Tribe Scrutiny Committee, Competent Authority and Director of Medical Education, G.S. Medical College, Deputy Collector
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Nature of Litigation
Writ petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee rejecting the petitioner's claim for validation of her tribe certificate as Mahadeo Koli Scheduled Tribe.
Remedy Sought
Petitioner seeks to set aside the Scrutiny Committee's order and direction to issue a validation certificate.
Filing Reason
The Scrutiny Committee rejected her claim on the ground that the caste entries in her relatives' records were inconsistent and did not establish her as a member of the Mahadeo Koli Scheduled Tribe.
Previous Decisions
The petition was initially dismissed by the Bombay High Court on 14.8.2007, but the Supreme Court remanded the matter for fresh hearing in view of conflicting entries in the birth certificate and school record of her grandfather.
Issues
Whether the petitioner has satisfactorily proved that she belongs to the Mahadeo Koli Scheduled Tribe.
Whether the inconsistencies in the caste entries in the school records and birth certificate of her grandfather are fatal to her claim.
Submissions/Arguments
Petitioner argued that the school record of her grandfather showing 'Koli Mahadeo' establishes her tribe status.
Respondents contended that the birth certificate showing 'Son Koli' and other relatives recorded as 'Koli' or 'Hindu' indicate that the family is not a Scheduled Tribe.
Ratio Decidendi
The burden of proof lies on the claimant to establish her Scheduled Tribe status with clear and consistent evidence. Inconsistencies in caste entries, such as the grandfather's birth certificate showing 'Son Koli' (an OBC) and school records of other relatives showing 'Hindu' or 'Koli', are not satisfactorily explained, and therefore the Scrutiny Committee's rejection is justified.
Judgment Excerpts
The school record shows that caste of her grandfather Raghunath Shrawan was initially shown as 'Koli' at the time of admission in the Nursery School, but later on, at the time of admission in the Primary School, his caste was shown as 'Koli Mahadeo'.
The Birth Certificate... shows his date of birth to be 5.11.1931... and the caste was recorded as 'Son Koli'.
Procedural History
The petitioner obtained a tribe certificate which was referred to the Scrutiny Committee. The Committee rejected her claim on 22.2.2007. She filed Writ Petition No. 1207 of 2007, which was dismissed on 14.8.2007. She appealed to the Supreme Court in Civil Appeal No. 6146 of 2008, which remanded the matter for fresh hearing. The High Court heard the matter and dismissed the petition on 11.1.2010.
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