Case Note & Summary
The petitioner, Miss Sheetal Mathias Ekka, sought admission to the MBBS degree course in Maharashtra claiming to belong to the Oraon Scheduled Tribe. Her father originally hailed from Sundargarh, Orissa, and migrated to Maharashtra after the first Presidential Order under Article 342 of the Constitution was issued on 6th September 1950. The petitioner was born in Maharashtra on 17th February 1987. She obtained a caste certificate from the Sub Divisional Officer, Niphad, Nashik, but the Committee for Scrutiny and Verification of Tribe Claims, Nashik, invalidated her claim on 23rd March 2005, solely on the ground that her father had migrated after 1950. The High Court held that the Committee's approach was erroneous. The court noted that the Oraon tribe is recognized as a Scheduled Tribe in both Orissa and Maharashtra. Relying on the law laid down by the Supreme Court, the court held that if a tribe is recognized as a Scheduled Tribe in both the State of origin and the State of migration, the migrant and his descendants are entitled to the benefits of ST status in the State of migration. The court quashed the Committee's order and directed the State to admit the petitioner to the MBBS course in the ST category if she was otherwise eligible.
Headnote
A) Scheduled Castes and Scheduled Tribes - Migration - Entitlement to ST Benefits - The daughter of a person who migrated from Orissa to Maharashtra after the issuance of the first Presidential Order under Article 342 of the Constitution is entitled to claim Scheduled Tribe status in Maharashtra if the tribe is recognized as a Scheduled Tribe in both the State of origin and the State of migration. The Committee for Scrutiny and Verification of Tribe Claims erred in invalidating the claim solely on the ground of migration after 1950. (Paras 1-6)
B) Constitution of India - Article 342 - Presidential Orders - Migration - The Presidential Orders specifying Scheduled Tribes are State-specific. However, if a tribe is listed in both the State of origin and the State of migration, a migrant and his descendants are entitled to the benefits of ST status in the State of migration. The Committee's approach was contrary to the law laid down by the Supreme Court. (Paras 5-6)
C) Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Act, 2000 - Scrutiny Committee - Validity of Caste Certificate - The Scrutiny Committee must consider whether the tribe is recognized as a Scheduled Tribe in both the State of origin and the State of migration. The Committee's order invalidating the petitioner's claim was set aside. (Paras 3-6)
Issue of Consideration
Whether the daughter of a person who migrated from Orissa to Maharashtra after the issuance of the first Presidential Order in 1950 is entitled to claim Scheduled Tribe status in Maharashtra on the basis that her tribe (Oraon) is recognized as a Scheduled Tribe in both States.
Final Decision
The High Court allowed the writ petition, quashed the order of the Committee for Scrutiny and Verification of Tribe Claims dated 23rd March 2005, and directed the State to admit the petitioner to the MBBS course in the Scheduled Tribe category if she is otherwise eligible.
Law Points
- Scheduled Tribe status of migrant
- Presidential Orders under Article 342
- migration after 1950
- validity of caste certificate issued by Maharashtra authority
- entitlement to ST benefits in State of migration
Case Details
2005 LawText (BOM) (05) 4
Writ Petition No.3864 of 2005
A. P. Shah, Dr. D. Y. Chandrachud
Mr. R. K. Mendadkar for the Petitioner, Mr. C. R. Sonawane, AGP for the Respondents
Miss Sheetal Mathias Ekka
State of Maharashtra & Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging the order of the Committee for Scrutiny and Verification of Tribe Claims invalidating the petitioner's claim to be a Scheduled Tribe.
Remedy Sought
The petitioner sought quashing of the Committee's order dated 23rd March 2005 and a direction to the State to admit her to the MBBS course in the Scheduled Tribe category.
Filing Reason
The Committee invalidated the petitioner's caste certificate on the ground that her father migrated from Orissa to Maharashtra after the first Presidential Order in 1950.
Previous Decisions
Earlier, in Writ Petition No.7262 of 2004, the High Court had granted ad interim relief directing the State to admit the petitioner to MBBS course in ST category subject to production of a caste validity certificate. That petition was disposed of on 14th September 2004 on the statement of the AGP that the petitioner's case would be considered.
Issues
Whether the petitioner, whose father migrated from Orissa to Maharashtra after the issuance of the first Presidential Order under Article 342, is entitled to claim Scheduled Tribe status in Maharashtra.
Whether the Committee for Scrutiny and Verification of Tribe Claims acted correctly in invalidating the petitioner's caste certificate solely on the ground of migration after 1950.
Submissions/Arguments
The petitioner argued that the Oraon tribe is recognized as a Scheduled Tribe in both Orissa and Maharashtra, and therefore she is entitled to ST benefits in Maharashtra.
The State argued that since the father migrated after the first Presidential Order, the petitioner cannot claim ST status in Maharashtra.
Ratio Decidendi
If a tribe is recognized as a Scheduled Tribe in both the State of origin and the State of migration, a migrant and his descendants are entitled to the benefits of ST status in the State of migration, regardless of the date of migration relative to the Presidential Order.
Judgment Excerpts
The Committee has noted that the caste certificate and documents produced by the Petitioner indicated that her father was originally a resident of the State of Orissa and had migrated to the State of Maharashtra.
In the circumstances, since the father of the Petitioner had migrated to the State of Maharashtra after the issuance of the first Presidential Order on 6th September 1950, the Committee invalidated the claim.
The law laid down by the Supreme Court is that if a tribe is recognized as a Scheduled Tribe in both the State of origin and the State of migration, the migrant and his descendants are entitled to the benefits of ST status in the State of migration.
Procedural History
The petitioner initially filed Writ Petition No.7262 of 2004 seeking admission to MBBS course. On 2nd September 2004, the High Court granted ad interim relief directing the State to admit her in ST category. That petition was disposed of on 14th September 2004 on the statement of the AGP that her case would be considered subject to production of a caste validity certificate. The Committee for Scrutiny and Verification of Tribe Claims, Nashik, by order dated 23rd March 2005, invalidated her claim. The petitioner then filed the present Writ Petition No.3864 of 2005 challenging that order.
Acts & Sections
- Constitution of India: Article 226, Article 342
- Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Act, 2000:
