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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D. DHANUKA, MADHAV JAMDAR, JJ.
Shubham S. Suryawanshi - Appellant
Versus
State of Maharashtra Through Secretary, Tribal Development Department Mantralaya, Mumbai & Others - Respondent
Writ Petition No. 3061 of 2020
Decided On : 08-01-2021
Caste Claim - Thakur Scheduled Tribe - [Constitution of India, Article 226] - [Article 342, Article 340, Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976] - The court quashed the impugned order invalidating the petitioner's claim as a Thakur Scheduled Tribe and directed the Scrutiny Committee to issue a caste validity certificate in favor of the petitioner. The court found that the Scrutiny Committee had overlooked a large number of documents and evidence proving the petitioner's caste claim, and had acted without jurisdiction by entering into the issue of correction of entry of Scheduled Caste in the Scheduled Caste order. The court also held that the Scrutiny Committee's rejection of the caste claim was contrary to the principles of law laid down by the Supreme Court and this Court, and that the impugned order was totally perverse and unsustainable.
Fact of the Case:
The petitioner filed a petition under Article 226 of the Constitution of India, challenging the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste claim as a Thakur Scheduled Tribe. The petitioner also sought a declaration that he belongs to Thakur Scheduled Tribe and a direction to issue a validity certificate in his favor. The petitioner had submitted various documents and evidence to prove his caste claim, including school records, caste certificates of family members, and genealogy. The Scrutiny Committee had invalidated the petitioner's claim based on an affinity test and the assumption of a different 'Thakur' community, contrary to the recognized 'Thakur' Scheduled Tribe.
Finding of the Court:
The court found that the Scrutiny Committee had overlooked a large number of documents and evidence proving the petitioner's caste claim, and had acted without jurisdiction by entering into the issue of correction of entry of Scheduled Caste in the Scheduled Caste order. The court also held that the Scrutiny Committee's rejection of the caste claim was contrary to the principles of law laid down by the Supreme Court and this Court, and that the impugned order was totally perverse and unsustainable.
Issues: The issues revolved around the validity of the petitioner's caste claim as a Thakur Scheduled Tribe, the Scrutiny Committee's jurisdiction and reasoning in invalidating the claim, and the application of relevant constitutional and statutory provisions.
Ratio Decidendi: The court's decision was based on the principles of law laid down by the Supreme Court and this Court, which emphasized the significance of pre-constitutional documents in establishing the genuineness of caste claims, the removal of area restrictions for Scheduled Tribes by the Amendment Act of 1976, and the recognition of a tribe as Scheduled Tribe throughout the State. The court also highlighted the importance of not sub-dividing, classifying, or discriminating tribes based on their place of residence or origin.
Final Decision: The court quashed the impugned order, directed the Scrutiny Committee to issue a caste validity certificate in favor of the petitioner, and ordered the respondents to accept the caste validity certificate and grant final admission to the petitioner in Nair Hospital Dental College, Mumbai. The court made the rule absolute in the aforementioned terms and ordered no costs.
JUDGMENT :
R.D. DHANUKA, J.
1. Rule. Mr.K.S. Thorat, AGP for the respondent nos.1 to 3 and 6 waives service. Rest of the respondents are served. Rule is made returnable forthwith. By consent of parties petition is heard finally.
2. By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 5th July 2019 passed by the Scheduled Tribe Certificate Scrutiny Committee thereby invalidating the caste claim of the petitioner. (Hereinafter referred to as the Scrutiny Committee). The petitioner also seeks declaration that he belongs to Thakur Scheduled Tribe and a direction against the Scrutiny Committee to issue validity certificate in favour of the petitioner. In prayer clause (c), the petitioner seeks an order and direction against the respondent nos.4 to 6 to consider the claim of the petitioner for admission to MBBS and allied course/s from Scheduled Tribe category, on the basis of marks in NEET-2019 and allow the petitioner to pursue the studies of such course. Some of the relevant facts for the purpose of deciding this petition are as under:-
3. It is the case of the petitioner that the petitioner belongs to Thakur, Scheduled Tribe. On 22nd April 2013, the Sub Divisional Officer, Shrirampur issued a Caste Certificate in favour of the petitioner and certified that the petitioner belongs to Thakur Scheduled Tribe. The said caste certificate was referred to the Scrutiny Committee for verification on 27th October 2017 through College in which the petitioner was studying in 11th Std. The Scrutiny Committee referred the documents for verification to the Vigilance Cell. On 30th April 2018, the Vigilance Officer after due verification submitted his report to the Committee. The said Vigilance report was served upon the petitioner on 13th August 2018. The petitioner submitted his reply to the said Vigilance report. The Scrutiny Committee thereafter conducted personal hearing on 26th April 2019. On 5th July 2019 the Scrutiny Committee passed the impugned order thereby invalidating the caste claim of the petitioner i.e. Thakur Scheduled Tribe.
4. The respondent no.4 conducted the National Eligibility Cum Entrance Test (NEET) UG-2019 on 5th May 2019 applicable for admission to MBBS/BDS courses in India in Medical/Dental Colleges run with the approval of Medical Council of India/Dental Council of India under the Union Ministry of Health and Family Welfare, Government of India. The respondent no.5 is the authority which conducts the counselling for 15% All India Quota Seats and is authorised to supply the result to state/other Counselling Authorities. The respondent no.6 is the authority in Maharashtra State for admission to MBBS and allied courses on the basis of merit in National Eligibility Cum Entrance Test (UG)-2019. On 26th July 2019, the respondent nos.4 to 6 have allotted a seat to the petitioner from ST category. His number is enlisted at Sr. No.22220.
5. It is the case of the petitioner that on the basis of merit in NEET- 2019 from ST category, the petitioner is eligible and entitled to get admission to MBBS Course in the college of his choice. The petitioner has impugned the said order dated 5th July 2019 passed by the respondent no.2 Scrutiny Committee invalidating the caste claim of the petitioner.
6. During the course of hearing of this petition, the petitioner filed an interim application bearing (St.) No.98647 of 2020 inter alia praying for amendment to the writ petition as per the draft amendment appended to the interim application. In the said interim application, the petitioner also prayed for an order and direction against the respondent nos.5 to 7 and more particularly against the respondent no.7 to consider the claim of the petitioner for admission to BDS Course on the seat allotted in TPCT Terna Medical College, Thane from Scheduled Tribe Reserved Category as per the provisional selection letter dated 14th December 2020 and to allow the petitioner to pursue his study in the
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