Case Note & Summary
The petitioner, Gitesh Ghormare, a student seeking admission to the First Year MBBS course, challenged the order dated 25-10-2017 of the Scheduled Tribe Certificate Scrutiny Committee, Nagpur, which invalidated his claim for 'Mana' Scheduled Tribe status. The petitioner had qualified the NEET examination and was awaiting admission rounds. He produced several pre-constitutional documents from 1914 to 1943, including school records of his forefathers and blood relatives (Keshav, Ishwar, Dahpat, Dolan, Yesuram, Jaijairam, Hiralal) showing their caste as 'Mana'. Revenue records from 1918-19 to 1953-55 and birth extracts from 1916, 1922, and 1927 also recorded caste as 'Mana'. The Committee, however, invalidated the claim, noting that some documents mentioned 'Mane' or 'Mana' and that the petitioner's father's caste was recorded as 'Mana' in later documents. The Court found that the Committee's reasoning was flawed because the pre-constitutional documents clearly established the caste continuity. The Court held that such documents are of high evidentiary value and the Committee's rejection was arbitrary. The Court quashed the Committee's order and directed the Committee to issue a validity certificate to the petitioner within two weeks. The petition was allowed with no order as to costs.
Headnote
A) Scheduled Tribes - Caste Certificate Validity - Pre-Constitutional Documents - The Scrutiny Committee invalidated the petitioner's claim for 'Mana' Scheduled Tribe status despite the petitioner producing pre-constitutional school and revenue records from 1914 to 1943 showing his forefathers' caste as 'Mana'. The Court held that such documents are of high evidentiary value and the Committee's rejection was unsustainable. (Paras 2-5)
B) Scheduled Tribes - Scrutiny Committee - Duty to Consider Evidence - The Committee failed to properly appreciate the documents and gave undue weight to minor discrepancies. The Court held that the Committee must consider all relevant evidence and not reject genuine claims based on hyper-technicalities. (Paras 4-5)
C) Scheduled Tribes - Burden of Proof - Once pre-constitutional documents are produced showing caste, the burden shifts to the Committee to prove otherwise. The Court held that the Committee's order was arbitrary and set aside. (Paras 5-6)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's claim for 'Mana' Scheduled Tribe status despite production of pre-constitutional documents showing caste as 'Mana'.
Final Decision
The petition is allowed. The order dated 25-10-2017 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nagpur, is quashed and set aside. The Committee is directed to issue a validity certificate to the petitioner within two weeks from the date of receipt of the order. No order as to costs.
Law Points
- Scheduled Tribe certificate validity
- pre-constitutional documents
- caste continuity
- burden of proof
- scrutiny committee's duty
Case Details
2018 LawText (BOM) (07) 154
Writ Petition No.7000 of 2017
R.K. Deshpande, Arun D. Upadhye
Shri R.S. Parsodkar for Petitioner; Assistant Government Pleader for Respondent Nos.1 to 4; Shri Kiran Malokar for Respondent No.5
Gitesh s/o Narendra Ghormare
The Scheduled Tribe Certificate Scrutiny Committee, Nagpur; The Director of Medical Education and Research (DMER), Maharashtra State; State of Maharashtra; Government Medical College, Nagpur; The Maharashtra University of Health Sciences
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Nature of Litigation
Writ petition challenging the invalidation of Scheduled Tribe certificate by the Scrutiny Committee.
Remedy Sought
Petitioner sought quashing of the Committee's order and direction to issue a validity certificate for MBBS admission.
Filing Reason
The Scrutiny Committee invalidated the petitioner's claim for 'Mana' Scheduled Tribe status despite production of pre-constitutional documents.
Previous Decisions
The Scheduled Tribe Certificate Scrutiny Committee, Nagpur, by order dated 25-10-2017, invalidated the petitioner's claim.
Issues
Whether the Scrutiny Committee's order invalidating the petitioner's Scheduled Tribe claim is sustainable in law.
Whether pre-constitutional documents showing caste as 'Mana' are sufficient to establish Scheduled Tribe status.
Submissions/Arguments
Petitioner argued that he produced pre-constitutional documents from 1914 to 1943 showing his forefathers' caste as 'Mana', which are of high evidentiary value.
Respondents argued that the Committee considered the documents and found discrepancies, leading to invalidation.
Ratio Decidendi
Pre-constitutional documents showing caste as 'Mana' are of high evidentiary value and cannot be ignored by the Scrutiny Committee. The Committee's rejection based on minor discrepancies is arbitrary and unsustainable.
Judgment Excerpts
The claim of the petitioner for 'Mana Scheduled Tribe' at Entry at Serial No.18 in the Constitution (Scheduled Tribes) Order, 1950 has been invalidated by Scheduled Tribe Certificate Scrutiny Committee, Nagpur, by an order dated 25-10-2017.
The petitioner produced several documents, which are the part of School records of his forefathers/blood relatives the petitioner indicating their caste as 'Mana' during the years 1914 to 1943.
The revenue records in the name of some of these persons pertaining to the years 1918-19 to 1953-55 and the birth extracts/certificates in respect of the children born to all these blood relatives recording the entry Caste 'Mana' during the years 1916, 1922 and 1927 are also not disputed.
Procedural History
The petitioner applied for validity of his Scheduled Tribe certificate for MBBS admission. The Scrutiny Committee invalidated the claim on 25-10-2017. The petitioner filed Writ Petition No.7000 of 2017 before the Bombay High Court, Nagpur Bench. The Court heard the matter and reserved judgment on 28-06-2018, pronouncing it on 02-07-2018.
Acts & Sections
- Constitution (Scheduled Tribes) Order, 1950: Entry No.18
