SUVARNA MADHUKARSHELWATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed by a student, who was admitted in a Local College on seat reserved for Scheduled Tribe since she claimed to be member of "mana" community which is enlisted as Scheduled tribe in the list published under Article 342 of the Constitution, feeling aggrieved due to invalidation of her caste claim.

(2.) The petitioner was admitted in Bhagwan Homeopathic Medical College and Indira Gandhi Memorial Hospital, Aurangabad, on seat meant for Scheduled tribes category. She stated that she was member of "mana" community which is a Scheduled Tribe. The caste claim of the petitioner was referred to Scheduled tribe Caste Certificate Scrutiny Committee, Aurangabad, for verification. The scheduled Tribe Caste Certificate Scrutiny Committee-respondent No. 7 conducted enquiry into the matter. Though, the respondent No. 7-Committee came to the conclusion that the petitioner belongs to "mana" caste yet she is not member of a Scheduled Tribe. The Committee invalidated her caste claim mainly on the ground that the petitioner could not establish her being member of "gond mana" community. The Committee held that the petitioner failed to establish affinity test of being Sub-division of "gond" community. The respondent No. 7-Committee held that Government Resolution dated 7-12-1994 would be applicable and the "mana" caste is regarded as Special Backward Class and not as "scheduled Tribe" in the State of Maharashtra. The Committee declared that the caste certificate of the petitioner is invalid and she does not belongs to "mana" Scheduled Tribe. Consequently, the caste certificate issued in her favour by Sub Divisional Magistrate, Aurangabad on 9th July, 1998 was cancelled and confiscated. The petitioner impugns this decision of the respondent No. 7-Scheduled Tribe Caste Certificate Scrutiny Committee.

(3.) It is common ground that the petitioner belongs to "mana" community. The only reason for which the caste certificate is invalidated is that she failed to prove affinity test and only "gond Mana" community is within the category of "scheduled Tribes", whereas "mana" community is regarded as Special backward Class in the State of Maharashtra vide Government Resolution dated 13th June, 1995 (Exhibit-R-1). It is submitted, therefore, in the reply affidavit filed by respondent No. 2-Scheduled Tribe Caste Certificate Scrutiny Committee, nasik that the caste claim of the petitioner is improper and she cannot claim reservation as member of the Scheduled Tribe.