Kumari Aparna Shrikant Bhaye v. State of Maharashtra and Ors.

Judgment

CIVIL APPELLATE JURISDICTION: Special Leave Petition («::ivil) No. 11493 of 1989 From \)le Judgment and Order dated 7.9.1989 of the Bombay High Cpurt ii! W.J', Jl!o, 37fi2of1989. Mrs, !!lrlirn Jqising!i, Tripµrari Ray anq M.N. Shroff for the Petitioner. V.N. Qanpule and ;A.S. Bhasme for the Respondents. The Juqgrµent of the Court was delivered by KAN!~, J. This Special Leave is directed against the judgment of a Divisio!) Bench of the Bombay High Court dismissing summarily Writ Petitioq No. 3762 of 1989 filed by the petitioner. The peti tipner passed Hie Higher Secondary Certificate (hereinafter referrefl tp as "the H.S.«::P) examination !:te!d in l\1<Jrch 1989, and sought admission to a medical college in Bombay conductecj by the Government pr one of the Municipal Medical Colleges in the city of A.S. BHAYE v. STATE OF MAHARASHTRA [KANIA, J.I 3 Bombay on the footing that she belonged to the Scheduled Tribe of Mahadco Koli.

In support of her claim she tendered certain caste certificates. Her application was referred, in accordance with the relevant rules to the Scrutiny Committee. which is an expert body for determination of caste claims, for verifying her claim to belong to the aforesaid Scheduled Tribe. Jn support of her claim, the petitioner submitted several caste certificates obtained by her. At the hearing before the Scrutiny Committee the petitioner also furnished the Secondary School Leaving Certificate of her father. Her father was requested to furnish his Primary School Leaving Certificate or birth certificate in order to ascertain the correct caste of the petitioner but he failed to produce the same. The Committee, therefore, conducted the necessary inquiries. at the Municipal Primary School, Worli. Koliwada, Bombay where the petitioner's father had taken his primary education.

That school by its letter dated April 29, 1989, disclosed entries made in register of the said school showing inter alia, that the caste of the petitioner's father was recorded as "Son Kali". These entries were made in 1945 when there was no special advantage which the Scheduled Tribe of Mahadeo Kali enjoyed over the members of the cast~ of Son Kali. It was pointed out by the Committee that these entries are entitled to a very great probative value as they have been made at a time when no question of making any manupulation arose. The certificates relied upon by the petitioner have been rejected by the Scrutiny Committee primarily becuase these certificates were inconsistent with the entries in the said Register of the Primary School relating to the petitioner's father to which the Committee attached great probative value. The reasons given by the Scrutiny Committee for the rejection cannot be said to be irrelevant or perverse.

There is no complaint that the rules of fairplay have not been observed by the scrutiny Committee. It rejected the claim of the petitioner that she belonged to the Scheduled Tribe of Mahadeo Kali. This decision was upheld by the Additional Commissioner for Tribal Development. State of Maharashtra in an appeal preferred by the petitioner. Against the decision the petitioner filed a writ petition in the Bombay High Court challenging the aforesaid decision and that writ petition was summarily dismissed by a Division Bench of that High Court. We have heard learned counsel for the petitioner who has strongly urged that the High Court was in error in rejecting the writ p,etition summarily as it is done. We find, however, that it has not been shown how the decision of the Scrutiny Committee or the Appellate decision of the Commissioner for Tribal Welfare discloses any error calling for any interference in a writ petition. The entire controversy 4 [ 1990] Supp.

1 S.C .R. has to be appreciated in the light of the admitted fact that Mahadeo Koli is a Scheduled Tribe whereas Son Kali is a caste. We cannot find fault with the Scrutiny Committee for placing great reliance on the entries in the register of the primary school where the petitioner's father took his primary education, as at the time when these entries were made there was no reason why he should have made a wrong statement <ibout the caste or tripe to which he belonged. It was sought to be contended by learned counsel for the petitioner that Scrutiny Committee has proceeded on an entirely erroneous basis as the real c!a.im of the petitioner is that Son Kolis are a section of the Scheduled Tribe of Mahadeo Koli. We find. however, that this contention has nowhere been raised before the Scrutiny Committee or before the Commissioner of Tribal Welfare although it does appear to have been raised in the writ petition.

It was not open to the petitioner to raise this contention for the first time in the writ petition. Learned counsel (lrew our attention to the list of the Scheduled Tribes in the State of Maharashtra appearing in Para 9 of the Scheduled D Castes and Scheduled Tribes Orders (Amendment) Act, 1976. Entry 29 shows that "Kali Mahadeo" js a Scheduled Tribe recognised in Maharashtra. In the list of Backward Classes issued by the State of Maharashtra we find that Kolis are recognised as belonging to "other backward classes". Son Kolis are shown as belonging to other backward classes in the list of other backward classes issued by the State of Maharashtra. These documents, however, nowhere support the claim that Son Kolis are a section of Scheduled Tribe of Mahadeo Koli. Learned counsel for \he petitioner drew our attention to a pubhcMion entitled ''Transactions of the Bombay Geographical Society from 1836 tp 1838" which has been printed in 1844.

In this publication, Kolis are described as a tribe but a perusal of the relevant observations show that no distinction has been drawn in this publication between castes and tribes, and hence, the statements made in the said publication do not lend any support to the claim of the petitioner. In the result, there is no merit in the special leave petition and it is dismissed. No orders as to costs. N.P.V. Petition dismissed.