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FRAUD PLAYED IN OBTAINING CASTE CERTIFICATES – WOULD VITIATE EVERY THING 1995 SC

FRAUD PLAYED IN OBTAINING CASTE CERTIFICATES – WOULD VITIATE EVERY THING 1995 SC

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In Kumari Madhuri Patil v. Additional Commissioner 1995 AIR 94, 1994 SCC (6) 241 , it was held that the entries in school records would be an important factor, in the matter of determining the social status. It was also pointed out that fraud, if played, in securing admission against reserved category, would vitiate everything.

In Kumari Madhuri Patil v. Additional Commissioner 1995 AIR 94, 1994 SCC (6) 241 , it was held that the entries in school records would be an important factor, in the matter of determining the social status. It was also pointed out that fraud, if played, in securing admission against reserved category, would vitiate everything.

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05/14/2014

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http://JUDIS.NIC.IN SUPREME COURT OF INDIAPage 1 of 13
PETITIONER:KUMARI MADHURI PATILVs.RESPONDENT:ADDL. COMMISSIONERDATE OF JUDGMENT02/09/1994BENCH:RAMASWAMY, K.BENCH:RAMASWAMY, K.VENKATACHALA N. (J)CITATION:1995 AIR 94 1994 SCC (6) 241JT 1994 (5) 488 1994 SCALE (3)935ACT:HEADNOTE:JUDGMENT:The Judgment of the Court was delivered byK. RAMASWAMY, J.- Leave granted.2. The appellants are Suchita and Madhuri, daughters ofLaxman Pandurang Patil. Their grandfather was PandurangaPatil. Laxman Patil was admitted in the school in the year1943. In his school admission register and his school andcollege certificates his caste was shown as ’Hindu Koli’.Suchita had applied through her father, Laxman Patil to theTahsildar, Andheri on 30-11-1989 for issuance of castecertificate as ’Mahadeo Koli’ a Scheduled Tribe. The Sub-Divisional Officer, Bombay Suburban District by hisproceeding dated 22-6-1989 refused to issue castecertificate sought for by Ms Suchita and informed her thatshe was not a Scheduled Tribe ’Mahadeo Koli’. She filed anappeal before the Additional Commissioner, Konkan Division,Bombay. As she had applied for admission into the MBBScourse and the time for her admission was running out, shefiled Writ Petition No. 3516 of 1990 in the High Court todirect the Additional Commissioner to dispose of her appealand to further direct to the Dean of D.YC. Naik MedicalCollege to permit her to appear for interview and admit herin the college if she was found fit. It is not in disputethat she filed a247copy of the judgment in Subhash Ganpatrao Kabade v. State OfMaharashtra1, wherein ’Koli’ was held to be ’Mahadeo Koli’,before the Additional Commissioner and also in the HighCourt. Because of the directions of the High Court she wasadmitted in the MBBS course and she is continuing herstudies. The Additional Commissioner directed the Tahsildarto issue the certificate and accordingly issued to MissSuchita the certificate as Scheduled Tribe. Miss Suchitaapplied to the Verification Committee for confirmation ofher status as Scheduled Tribe. Madhuri applied for theissuance of Scheduled Tribe certificate before the
 
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Divisional Executive Magistrate, Greater Bombay, enclosingthe order passed by the High Court in Writ Petition No. 3516of 1990, dated 4-12-1990, in favour of her sister Suchita,which was issued on 23-8-1990 declaring her status to be’Mahadeo Koli’ and then she got the admission into BDS inthe year 1992. Thereafter, she applied to the VerificationCommittee for confirmation. The proceeding by theVerification Committee was jointly conducted into the claimsof the appellants, initiated on 8-12-1989, the father of theappellants was called upon to furnish in the prescribed formthe detailed information regarding his family background,ancestry; and anthropology of ’Mahadeo Koli’, ScheduledTribe, to verify the veracity of his claim of status as ST.3. ’Mahadeo Koli’ was declared to be a Scheduled Tribe byBombay Province as early as 1933 and the President of Indiadeclared in 1950 under Article 342, in consultation with theGovernment of Bombay (Maharashtra) and as amended from timeto time. Laxman submitted the particulars along with hisschool and college certificates, junior college certificateand school certificates of the appellants, the certificatesof his sister and appellants’ maternal aunt, JyotsanaPandurang Patil dated 3-3-1978 and maternal uncleBalakrishna Pandurang Naik dated 22-10-1954 and a statementby the Caste Association. The Committee in their orderdated 26-6-1992 considered the entire evidence placed beforethem, the particulars furnished by their father in the proforma on their ancestry and other anthropologicalparticulars and after hearing their counsel, found that theappellants are ’Koli’ by caste which is recognised as OtherBackward Class, i.e., OBC in the State and that they are not’Mahadeo Koli’, the Scheduled Tribe and their claim for thatsocial status was accordingly declared untenable. Thecertificates issued by the respective Executive Magistrateswere cancelled and confiscated. Their appeal provided underthe Rules too was heard by the Additional Commissioner inCaste Appeal No. 11 of 1992 who by an elaborate order dated30-4-1993 found that the certificate issued in favour ofBalakrishna Pandurang Naik, maternal uncle, was from aMagistrate, Greater Bombay, who had no jurisdiction and wasissued social status certificate without proper scrutiny.The certificate issued to Jyotsana by the JudicialMagistrate was on the basis of the school leavingcertificate, ration card etc. and that, therefore, it doesnot provide any probative value to their status as Scheduled1 WP No. 438 of 1985248Tribe, the entries in school and college certificates of theappellants are not conclusive.4.It is obvious that Judicial Magistrate has no jurisdictionto issue caste certificate and it is a void certificate.The entries in the school certificate of the father of theappellants, Laxman Patil, being pre-independence period, itbears "great probative value" wherein he declared himself tobe ’Hindu Koli’ which is now recognised as a backward class.The caste affirmation certificate issued by the Samaj "CasteAssociation" consists of these very communities who seek toget the status as Scheduled Tribes. It also does not,therefore, bear any probative value. School certificatesand college certificates in favour of the appellants are thesubject of enquiry, therefore,do notbear any value andindependently their status is to be considered.5.The Committee as well as the Additional Commissionerrelied upon a reportof expert committee which had goneinto the sociology, anthropology and ethnology of theScheduled Tribes including ’Mahadeo Koli’ which formed the
 
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basis for the pro forma questionnaire prepared by theGovernment and as given to and answered by the father of theappellants. On the basis of the information furnished bythe father of the appellants and the anthropological andethnological findings in that behalf, the AdditionalCommissioner, in our view rightly, held that an argument ofsocial mobility and modernisation often alluringly put forthto obviate the need to pass the affinity test is only aconvenient plea to get over the crux of the question.Despite the cultural advancement, the genetic traits pass onfrom generation to generation and no one could escape orforget or get them over. The tribal customs are peculiar toeach tribe or tribal communities and are still beingmaintained and preserved. Their cultural advancement tosome extent may have modernised and progressed but theywould not be oblivious to or ignorant of their customary andcultural past to establish their affinity to the membershipof a particular tribe. The Mahadeo Koli, a Scheduled Tribedeclared in the Presidential Notification, 1950, itself is atribe and is not a sub-caste. It is a hill tribe, may belike ’Koya’ in Andhra Pradesh. Kolis, a backward class, arefishermen by caste and profession and reside mostly inMaharashtra coastal area. Kolis have different sub-castes.Mahadeo Kolis reside in hill regions, agriculture,agricultural labour and gathering of minor forest produceand sale thereof is their avocation. Therefore, thecancellation of the social certificate issued by theExecutive Magistrates concerned by the Scrutiny Committeewas legal.6. The appellants’ Writ Petition No. 1849 of 1993 wasdismissed by the Division Bench by its order dated 17-8-1993with brief reasons. Shri Ganesh, the learned counsel forthe appellants contended that in the affidavit filed by theappellant’s father before the Verification Committee he hasexplained the circumstances in which he came to be describedas Hindu Koli. Prior to 1950, there was no necessity todescribe sub-caste. For the first time in 1976 under theScheduled Castes Scheduled Tribes (Amendment) Act, 1976,Mahadeo Koli was introduced as a Scheduled Tribe in theState of Maharashtra. The certificates issued to thematernal uncle Balakrishna Naik249as Mahadeo Koli in the year 1954 and entries in his servicerecord and to maternal aunt, Jyotsana in the year 1979probabilise the omission to describe Laxman Patil as MahadeoKoli, though they, as a fact, belong to Scheduled Tribe. Inthe school registers the appellants had enjoyed the statusas Scheduled Tribe which provides probative value. TheCommittee, the Additional Commissioner and the High Courthad not appreciated the evidence in proper perspectivebefore declining to confirm the social status of theappellants as Scheduled Tribes and the High Court ought tohave gone into these aspects as was done in SubhashGanpatrao Kabade casel. it is further contended that Suchitahas completed her final year course of study. Madhuri is inmidway and that, therefore, justice demands that theireducation should not be dislocated with the denial of thesocial status as Scheduled Tribes. The sheet-anchor for thecounsel’s argument is the judgment of the Division Bench ofthe Bombay High Court in Subhash Ganpatrao Kabade case’. Wefind no force in the contentions.7. From the counter-affidavit filed by the State which hasnot been disputed by filing any rejoinder and as is borneout from the public notification issued by the President inthe year 1950 in exercise of the power under Article 342

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