Case Note & Summary
The petitioner, Ms. N.K. Koli, filed a writ petition before the Bombay High Court challenging an order dated 17.2.1990 passed by the Committee for Scrutiny and Verification of Tribe Claims, Pune, which rejected her claim of belonging to the Mahadeo Koli Scheduled Tribe. The Committee had considered the documents produced by the petitioner, including her father's primary school leaving certificate of 1950 which recorded the caste as 'Koli'. The Committee found this document to be of high probative value and concluded that the petitioner's caste could not be different from her father's, as caste is acquired by birth. Other documents were rejected as they did not help in ascertaining the tribe claim. The Committee also noted that the information given by the petitioner regarding the characteristics of the tribe pertained to the Koli community and not specifically to the Mahadeo Koli tribe. The High Court, upon hearing the matter, observed that none appeared for the petitioner when the matter was called out. The Court examined the Committee's order and found that the findings were pure findings of fact based on assessment of evidence on record. The Court held that there was no error of law apparent on the face of the record. Consequently, the petition was dismissed and the rule was discharged. The Court also vacated any interim relief that may have been granted.
Headnote
A) Scheduled Tribe - Caste Claim - Probative Value of Documents - Father's school leaving certificate of 1950 recording caste as 'Koli' held to be of high probative value - Caste is acquired by birth, so petitioner's caste cannot be different from father - Other documents rejected as not helpful - Committee's findings based on assessment of evidence are pure findings of fact - No error of law apparent on record - Writ petition dismissed (Paras 1-3).
Issue of Consideration
Whether the Committee for Scrutiny and Verification of Tribe Claims erred in rejecting the petitioner's claim of belonging to the Mahadeo Koli Scheduled Tribe.
Final Decision
The petition stands dismissed. Rule discharged. Interim relief, if any, stands vacated.
Law Points
- Scheduled Tribe claim
- probative value of school leaving certificate
- caste acquired by birth
- findings of fact not interfered with under writ jurisdiction
Case Details
2005 LawText (BOM) (02) 361
Writ Petition No.970 of 1998
F.I. Rebello, S.P. Kukday
Mr. C.R. Sonawane (AGP for Respondent Nos.1 to 3)
State of Maharashtra, Chairman of Committee for Scrutiny and Verification of Tribe Claims, Executive Magistrate, Registrar of University of Bombay
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Nature of Litigation
Writ petition challenging the order of the Committee for Scrutiny and Verification of Tribe Claims rejecting the petitioner's claim of belonging to the Mahadeo Koli Scheduled Tribe.
Remedy Sought
Petitioner sought to quash the Committee's order dated 17.2.1990 and to be declared as belonging to the Mahadeo Koli Scheduled Tribe.
Filing Reason
The petitioner's claim of belonging to the Mahadeo Koli Scheduled Tribe was rejected by the Committee.
Previous Decisions
The Committee for Scrutiny and Verification of Tribe Claims, Pune, by order dated 17.2.1990, rejected the petitioner's claim.
Issues
Whether the Committee's order rejecting the petitioner's tribe claim suffers from any error of law apparent on the face of the record.
Submissions/Arguments
None present for the petitioner. Mr. C.R. Sonawane, AGP, appeared for the respondent State and other respondents.
Ratio Decidendi
The findings of the Committee are pure findings of fact based on assessment of evidence on record. There is no error of law apparent on the face of the record. The father's school leaving certificate of 1950 recording caste as 'Koli' is of high probative value, and caste being acquired by birth, the petitioner's caste cannot be different from her father's.
Judgment Excerpts
The Committee for scrutiny on verification rightly by the Order dated 17.2.1990 have rejected the petitioners claim as belonging to the Mahadeo Koli Schedule Tribe.
The findings are pure findings of fact on assessment of the evidence on record. From the award we do not find that the order suffers from any error of law aparent in the face of the record.
Procedural History
The petitioner filed a writ petition in the Bombay High Court challenging the order dated 17.2.1990 of the Committee for Scrutiny and Verification of Tribe Claims, Pune, which rejected her claim of belonging to the Mahadeo Koli Scheduled Tribe. The matter was heard on 9th February 2005, and the petition was dismissed.
