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2006 Supreme(SC) 125

Anjan Kumar – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Key Points: - The offshoot of a tribal woman married to a non-tribal husband cannot claim Scheduled Tribe status unless the marriage is accepted by the village community and the offspring are socially integrated as Tribes, with acceptance evidenced by community resolution and village records. (!) (!) (!) - The essential object of Articles 34, 342, 15(4), 16(4) and 16(4A) is to provide preferential treatment to Scheduled Castes and Tribes based on suffered disabilities and to prevent dilution of tribal identity by outsiders. The condition precedent requires belonging to a tribe and suffering disabilities from that belonging. (!) (!) - Procuring a bogus caste certificate to gain admission or appointment under reserved quotas is fraud on the Constitution, deprives genuine candidates, and is impermissible under Articles 14 and 21. The certificate is not a bounty and must be supported by proven social, economic, and educational disabilities. (!) (!) (!) - The tribunal findings and subsequent judicial review found that the appellant did not suffer the disabilities required to be treated as Scheduled Tribe and quashed the tribal certificate procured by misrepresentation. (!) (!) - Court emphasizes that mere court marriages or casual acceptance by a village without formal community acceptance and record does not confer tribal status or reservation benefits. (!) (!) - The Court reiterates that the tribal definition includes common dialect, territory, culture, and descent, and that outsiders or transplanted individuals who do not suffer disabilities cannot be treated as Tribes merely by marriage or relocation. (!) (!)

What is the condition precedent for a person to be brought within the purview of the Constitution (Scheduled Tribes) Order, 1950?

What is the status of offspring of a tribal woman married to a non-tribal man in claiming Scheduled Tribe status and reservation benefits?

What is the consequence of procuring a bogus caste certificate for reservation benefits?


Judgment

H.K. Sema, J.—The appellant Shri Anjan Kumar is the offshoot of the wedlock between Shri Lakshmi Kant Sahay, District Gaya in the State of Bihar and Smt. Angela Tigga who belongs to Scheduled Tribe community of Oraon Tribe, village Pondi Potkona, Distt./Division Raigarh, State of Madhya Pradesh. By an order dated 7th August, 1992 Scheduled Tribe certificate was issued to the appellant by S.D.M., Gaya on the ground that the mother of the appellant Smt. Angela Tigga belongs to Oraon tribe which is recognised as a Scheduled Tribe in the State of Madhya Pradesh. The appellant appeared before the Civil Service Examination in 1991 conducted by the Union Public Service Commission claiming himself to be the Scheduled Tribe candidate. In the said examination he had passed the written test but could not qualify in the interview. He again appeared in the Civil Service Examination conducted by the Union Public Service Commission in the year 1992 and passed the written examination. In 1993 he was called for interview. The result of the successful candidates was published and he stood at 759th rank in order of merit. He was also allotted Indian Information Service Grade A. However, the a

























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