PRIYA PRAMOD GAJBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, a student who has secured admission in the first year of MBBS Degree Court in respondent No.4College during the Academic year 20162017 has approached this Court assailing the order passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Kokan Division thereby invalidating her claim as belonging to Mana, Scheduled Tribe. The petition came to be filed on 16.01.2018 and this Court on 23.03.2018 was pleased to issue notice to the respondents and directed to maintain statusquo till next date of hearing. When the matter was listed before us, we directed the learned AGP Shri.Mali to produce before us the record of the Scrutiny Committee in relation to the invalidation of the petitioner's claim. We heard Shri.Mendadkar, the learned counsel for the petitioner in support of the claim of petitioner. In view of the issue involved in the Writ Petition we issue Rule and heard the matter finally by consent of parties.

(2.) The petitioner claims to be belonging to Mana, a Tribe which is recognized as Scheduled Tribe. She obtained a certificate from Competent Authority on 08.06.2011 certifying that she belongs to Mana Tribe. Since, she was desirous of pursuing her higher studies by relying on the said caste certificate, her claim was made over to the Scheduled Tribe Certificate Scrutiny Committee, Kokan Division, Thane for verification. The claim was supported by the relevant documents. Pending the Scrutiny of the claim, the petitioner came to be admitted on a seat reserved for Scheduled Tribe in the first year of MBBS Degree Course during the academic year 20162017 in Dr.Vasantrao Pawar Medical College Hospital and Research Center at Nashik. At present she is prosecuting her studies in the second year of MBBS Degree Course. The Scrutiny Committee by an order dated 12.12.2017, on consideration of the entire evidence brought on record, and by applying the Crucial Affinity Test and after taking into consideration the prevailing legal position arrived at a conclusion that the claim of the applicant as belonging to Mana, Scheduled Tribe is not established and it was held as invalid. The caste certificate issued in favour of the petitioner by the SubDivisional Officer, Thane came to be cancalled and confiscated by the impugned order.

(3.) The present Writ Petition poses a challenge to the said order. Shri.Mendadkar representing the petitioner would rely on the averments in the petition and would submit that the respondent No.2Committee has failed to consider the evidentiary and probative value of the oldest documentary evidence on record in relation to the great grandfather of the petitioner from paternal side where caste in the birth record is reflected as Mana. This entry is effected as early as in the year 1924. Shri.Mendadkar would submit that respondent No.2Committee instead of giving due importance to the said preconstitutional document has given more weightage to the document of the year 1926 where the caste of her great grandfather is reflected as Mani. The submission of Shri.Mendadkar is that the Committee was completely prejudiced by the said document and has failed to consider that the petitioner is in possession of a oldest document reflecting the caste as Mana which is of the year 1924 and this vital document has been overlooked in light of the document of 1926. Shri.Mendadkar placed reliance on the judgment of the Hon'ble Apex Court in the case of Veena Ashok Godse @ Veena Hemant Sonawane V/s. State of Maharashtra in Civil Appeal No.19968 of 2017 in relation to a candidate belonging to 'Wani' community. He advances a submission to the effect that in the said judgment of the Hon'ble Apex Court, document furnished in respect of great grandfather was found to be of the year 1922 and was sought to be relied upon but the High Court failed to take into consideration the said document, the Hon'ble Apex Court was pleased to set aside the order passed by the High Court. Shri.Mendadkar would also rely on the detailed reply submitted by the petitioner in response to the Vigilance Cell Inquiry and he would harp on the adverse attitude of the Committee in not examining the claim of the candidates in light of the position of law which is emerging from a catena of judgment delivered by the Hon'ble Apex Court as well as the High Court.