SHEETAL MATHIAS EKKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner's father was originally a resident of village Barilepta in the District of Sundargarh, in the State of Orissa. He was born in the State of Orissa and according to the Petitioner, he belongs to the Oraon Tribe. The Petitioner's father is stated to have migrated to the State of Maharashtra and is employed with hindustan Aeronautics Ltd. , at Nasik. The petitioner was born in the State of Maharashtra on 17th February, 1987. The Petitioner completed her H. S. C. in February, 2004 and appeared for the Common Entrance Test conducted by the State of Maharashtra. The petitioner claimed in her application that she belongs to Scheduled Tribe. After the result of the Common Entrance Test was declared, the Petitioner visited the office of the competent Authority on 8th July, 2004 inter alia with a copy of a caste certificate dated 6th april, 2002 issued by the Tahsildar birmitrapur. The Scrutiny Officer did not accept the caste certificate on the ground that it was issued by an Authority in the State of orissa. The Petitioner thereupon obtained a caste certificate dated 16th August, 2003 from the Sub-Divisional Officer, Niphad in the district of Nasik and moved the Competent authority and Director of Medical Education and Research on 18th August, 2004.

(2.) A petition was moved before this court under Article 226 of the Constitution (Writ Petition 7262 of 2004) and on 2nd september, 2004, a Division Bench of this court granted ad-interim relief in terms of prayer clause (b) directing the State government to admit the Petitioner to the mbbs Degree Course in any college in a seat reserved for the Scheduled Tribe category taking into consideration the rank of the petitioner in the S. T. category. The petition was thereafter disposed of on 14th September, 2004 on the statement of the AGP that the case of the Petitioner would be considered for admission to the MBBS Course in the S. T. category and that she would be admitted if she was otherwise found to be eligible subject to the production of a caste validity certificate from the Competent Authority within the stipulated period.

(3.) The case of the Petitioner was taken up by the Committee for Scrutiny and verification of Tribe Claims, Nasik. By an order dated 23rd March, 2005, the Committee invalidated the claim of the Petitioner. The committee has noted that the caste certificate and documents produced by the Petitioner indicated that her father was originally a resident of the State of Orissa and had migrated to the State of Maharashtra. In the circumstances, since the father of the Petitioner and migrated to the State of Maharashtra after the issuance of the first Presidential Order on 6th September, 1950, the Committee held that the Petitioner would not be entitled to derive benefit in the State of Maharashtra, but in the state of origin.