JUDGMENT :

B.R. GAVAI, J.

1. Application for intervention is allowed.

2. This appeal challenges the judgment and order passed by the Division Bench of the High Court of Bombay dated 22nd December 2018, thereby dismissing the petition filed by the appellant challenging the order passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Kokan Division, Thane (for short ‘the Scrutiny Committee’) dated 12th December 2017, thereby invalidating the claim of the appellant that she belongs to ‘Mana’ Scheduled Tribe.

3. The appellant is a student having secured admission in the first year of MBBS Degree Course in Respondent No. 4/College during the Academic Year 2016-17 against the seat reserved for Scheduled Tribe. The appellant claimed that she belongs to ‘Mana’ Scheduled Tribe. As such, her case was referred to the Scrutiny Committee. The Scrutiny Committee by order dated 12th December 2017 invalidated the claim of the appellant on the following grounds:

(i) The appellant failed to satisfy the Affinity Test conducted during the vigilance inquiry.

(ii) The appellant failed to prove that she originally belongs to an area where the people of Mana Scheduled Tribe reside.

4. We have heard