Point of Law : Proviso to Section 326 empowers the succeeding Judge to re-summon the witnesses for their further examination, if he is of opinion that further examination is necessary in the interest of justice.

JUDGMENT :

Ravindra V. Ghuge, J.

1. By this petition, the petitioner has put forth prayer clause “A” to “E” as under :

"A) This Writ petition may kindly be allowed and petitioner may kindly be held and declare as belongs to "Mannervarlu", Scheduled Tribe."

"B) The impugned Judgment and order dated 24/11/2020 passed by the respondent No.2 committee, invalidating the Tribe Claim of the petitioner of "Mannervarlu" Schedule Tribe, may kindly be quashed and set aside and respondent No.2 committee may kindly be directed to issue Tribe Validity Certificate of "Mannervarlu" Tribe to the petitioner."

"C) Pending hearing and final disposal of this petition, the impugned Judgment and order dated 24/11/2020 passed by the respondent No.2 committee, invalidating the Tribe Claim of the petitioner of "Mannervarlu" Schedule Tribe, may kindly be stayed."

"D) The respondent No.3 may kindly be directed to consider the petitioner from Schedule Tribe category in entire admission process of NEET-UG-2020 without insisting for Tribe Validity Certificate of the petitioner, subject to the adjudication of Tribe Claim of the petitioner by this Hon'ble Court in this petition."

"E) Pending hearing and final disposal of this petition, the respondent No.3 may kindly be directed to consider the petitioner from Schedule Tribe category in entire admission process of NEET-UG-2020 without insisting for Tribe Validity Certificate of the petitioner, subject to the adjudication of Tribe Claim of the petitioner by this Hon'ble Court in this petition."

2. The learned advocate for the petitioner submits on instructions that the petitioner is not pressing her admission to NEET-UG-2020 and prayer clause “D” and “E” are redundant. The petitioner, therefore, prays on instructions that respondent No.3 be deleted from the proceeding. Deletion is permitted at the risk of the petitioner.

3. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

4. Before we advert to the details of the submissions of the litigating parties, it would be appropriate to reproduce the family tree as tendered by the father of the petitioner on an affidavit, as follows :

5. The brothers appearing in the family tree, namely Sanjay and Rahul are the father and real uncle of the petitioner, respectively. Ambika, Rajashree and Rekha are the biological sisters of the petitioner’s father. Barring Rajashree, the remaining four including the father of the petitioner, have acquired validity certificates as belonging to the “Mannervarlu” Scheduled Tribe. Based on such entries, the petitioner preferred her application for seeking such a validity certificate.

6. It needs to be noted that the caste Munnervar, Munnurvar, Munnur, Telgu Munnur, Munnuvar Telgu and Munnarvad, are included in the Special Backward Category (S.B.C.). Mannervarlu is included in the Scheduled Tribes Category. By presidential order of 1976, Mannervarlu caste came to be included in the list of Scheduled Tribes.

7. The great grandfather of the petitioner is said to be belonging to the ‘Manervarlu’ (there is no such caste as ‘Manervarlu’ as it is ‘Mannervarlu’). His school extract acquired by the petitioner on 24.10.2020, was placed before the Committee. The petitioner also relied upon the validity certificates of Sanjay, Rahul, Ambika and Rekha. Based on such validities, the petitioner sought acceptance of her claim.

8. The record reveals that Pushpalata Chinanna, daughter of Chinanna Rajanna and real aunt (father’s sister) of Sanjay (petitioner’s father) had an entry of her caste as ‘Munnurvar’ in her school record. The said entry was changed to