Case Note & Summary
The petitioner, Prashant Pandit Shelke, challenged an order dated 2 September 2017 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, which invalidated his caste certificate as belonging to 'Koli Mahadev' Scheduled Tribe. The petitioner had obtained a caste certificate on 28 July 2008 and applied for its validity on 13 December 2010 through his Junior College, supported by documents including his father's caste validity certificate. He appeared for NEET 2017 and was directed by the admission authority to file an affidavit-cum-undertaking regarding his pending caste claim, which he did, and was granted admission to Topiwala National Medical College. The Scrutiny Committee, by its impugned order, invalidated the certificate, drawing an adverse inference from the affidavit and finding insufficient evidence. The High Court held that the committee's approach was erroneous. It noted that the petitioner's father held a valid caste validity certificate for the same tribe, which the committee failed to give due weight. The court also held that the affidavit of undertaking, filed as a procedural requirement for admission, could not be used to draw an adverse inference. The court set aside the impugned order and directed the committee to reconsider the matter afresh, giving the petitioner an opportunity to produce additional evidence, including the father's validity certificate and school records. The petition was allowed, and the committee was directed to decide the matter within four weeks.
Headnote
A) Caste Certificate - Scheduled Tribe - Validity - Koli Mahadev - Constitution (Scheduled Tribes) Order, 1950 - The Scrutiny Committee invalidated the petitioner's caste certificate on grounds of insufficient evidence and adverse inference from an affidavit of undertaking filed for medical admission. The High Court held that the committee's approach was erroneous as it failed to give due weight to the father's valid caste validity certificate and the petitioner's consistent school records showing 'Koli Mahadev' tribe. The court directed the committee to reconsider the matter afresh, giving opportunity to the petitioner to produce additional evidence. (Paras 1-12)
B) Caste Certificate - Affidavit of Undertaking - Adverse Inference - The Scrutiny Committee drew an adverse inference against the petitioner for filing an affidavit of undertaking stating that his caste claim was pending verification, which was required by the admission authority. The High Court held that such an affidavit cannot be used to draw an adverse inference against the petitioner, as it was a procedural requirement and not an admission of false claim. (Paras 8-10)
C) Caste Certificate - Father's Validity Certificate - Evidentiary Value - The petitioner's father held a valid caste validity certificate for 'Koli Mahadev' tribe issued by the same Scrutiny Committee. The High Court held that the committee ought to have given due weight to this document, and its failure to do so vitiated the impugned order. (Paras 5-7)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's caste certificate as belonging to 'Koli Mahadev' Scheduled Tribe, particularly when the petitioner's father held a valid caste validity certificate and the committee drew an adverse inference from the petitioner's affidavit of undertaking filed for medical admission.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 2 September 2017, and directed the Scrutiny Committee to reconsider the matter afresh, giving the petitioner an opportunity to produce additional evidence, including his father's validity certificate and school records. The committee was directed to decide the matter within four weeks.
Law Points
- Caste certificate validity
- Scheduled Tribe
- Koli Mahadev
- Scrutiny Committee
- Affidavit of undertaking
- Adverse inference
- Father's validity certificate
- School records
- Constitution of India Article 226
- Constitution (Scheduled Tribes) Order 1950
Case Details
Writ Petition No. 10304 of 2017 with Civil Application No. 2230 of 2017
Shantanu S. Kemkar, G. S. Kulkarni
Mr R.K. Mendadkar a/w Mr Bhangoji with Mr.Pratap Jadhavar for the Petitioner; Mr A.A. Kumbhakoni, Advocate General a/w Mr.Ashutosh Gavnekar, Special Counsel and Mr.Sandeep Babar, AGP for the State-Respondent
State Of Maharashtra, Through Its Secretary, Tribal Development Dept.; Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division; Directorate of Medical Education and Research and Competent Authority, State CET Cell, Maharashtra State; Commissioner and Competent Authority State Common Entrance Test Cell; Topiwala National Medical College, through its Dean. And Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste certificate.
Remedy Sought
The petitioner sought quashing of the Scrutiny Committee's order dated 2 September 2017 and a direction to the committee to issue a validity certificate for his caste claim as 'Koli Mahadev' Scheduled Tribe.
Filing Reason
The Scrutiny Committee invalidated the petitioner's caste certificate, which prevented him from continuing his medical education under the Scheduled Tribe category.
Previous Decisions
The Scrutiny Committee passed the impugned order on 2 September 2017 invalidating the petitioner's caste certificate.
Issues
Whether the Scrutiny Committee was justified in invalidating the petitioner's caste certificate as 'Koli Mahadev' Scheduled Tribe.
Whether the committee erred in drawing an adverse inference from the petitioner's affidavit of undertaking filed for medical admission.
Whether the committee failed to give due weight to the father's valid caste validity certificate.
Submissions/Arguments
Petitioner argued that his father held a valid caste validity certificate for 'Koli Mahadev' tribe, and his school records consistently showed the same tribe. The affidavit of undertaking was filed as a procedural requirement and should not be used against him.
Respondents argued that the petitioner failed to provide sufficient evidence and the affidavit of undertaking indicated that his claim was not genuine.
Ratio Decidendi
The Scrutiny Committee's order invalidating the caste certificate was set aside because the committee failed to give due weight to the father's valid caste validity certificate and drew an adverse inference from an affidavit of undertaking that was a procedural requirement for admission. The committee must reconsider the matter afresh, considering all relevant evidence.
Judgment Excerpts
This petition under Article 226 of the Constitution of India challenges the order dated 2 September 2017 passed by respondent no.2 – Scheduled Tribe Certificate Scrutiny Committee... whereby the Scrutiny Committee has invalidated the caste certificate of the petitioner as belonging to 'Koli Mahadev' Scheduled tribe falling under the Constitution (Scheduled Tribes) Order,1950.
The petitioner had appeared for NEET 2017 examination. During the verification of the documents, the competent authority for admission to the medical course directed the petitioner to file affidavitcum undertaking in regard to the caste claim of the petitioner as the proceedings for verification of his caste certificate was pending before respondent no.2Committee.
The Scrutiny Committee has drawn an adverse inference against the petitioner for filing such an affidavit. In our opinion, the approach of the Committee in drawing an adverse inference against the petitioner for filing such an affidavit is wholly unjustified.
Procedural History
The petitioner obtained a caste certificate on 28 July 2008. He applied for its validity on 13 December 2010. He appeared for NEET 2017 and was granted medical admission after filing an affidavit of undertaking. The Scrutiny Committee invalidated the certificate on 2 September 2017. The petitioner filed the present writ petition on an unspecified date, and the High Court heard and decided it on 25 September 2017.
Acts & Sections
- Constitution of India: Article 226
- Constitution (Scheduled Tribes) Order, 1950:
