KUMAR! APARNA SHRIKANT BHAYE
_v._
STATE OF MAHARASHTRA AND ORS.
AUGUST 24, 1990
[M.H. KANIA AND K.J. REDDY, JJ.]
_Scheduled Castes and Scheduled Tribes Orders (Amendment) Act_
_1976--Para 9,_ _Entry 29-Son Kolis-Whether a section of the Schedu-_
_led Tribe of Mahadeo Koli._
The petitioner sought admission to a medical college in the State
of Maharashtra on the footing that she belonged to the Scheduled Tribe
of Mahadeo Koli and submitted several caste certificates, including her
father's Secondary School Leaving Certiticate. The Scrutiny Committee, the expert body for determining such claims, rejected her claim on
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the basis of entries made in 1945 in the register of the Municipal Primary School, where her father had his primary education, which D
showed that the caste of the petitioner's father was recorded as _'Son_
_Koli'._ This decision was upheld by the Additional Commissioner for
Tribal Development: The High Court summarily dismissed the petitioner's
writ petition.
In the Special Leave Petition before this Court, on behalf of the E
petitioner it was contended that the High Court was in error in rejecting
the Writ Petition summarily and that the Scrutiny Committee had proceeded on an entirely erroneous basis as the real basis of the petitioner's
claim was that Son Kolis were a section of the Schedule Tribe of
Mahadeo Koli.
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Dismissing the Special Leave Petition, this Court,
HELD: Entry 29 of the list of Scheduled Tribes in the State of
Maharashtra, appearing in Para 9 of the Scheduled Castes and
Scheduled Tribes Orders (Amendment) Act, 1976 shows that 'Koli
Mahadeo' is a Scheduled Trib• recognised in Maharashtra. In the list of G
Backward Classes issued by the State, Kolis are recognised as belong**ing to ''other backward classes". Son** **Kolis** **are shown as belonging** **to**
other backward classes in the list of other backward classes. These
documents nowhere support the claim that Son Kolis are a section of
Scheduled Tribe of Mahadeo Koli. Though Kolis are described as a
tribe in the publication entitled "Transactions of the Bombay Geog- H
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2 SUPREME COURT REPORTS [1990] Supp. I S.C.R.
A· raphical Society from 1836 to 1838", a perusal of the relevant observa
tions shows that no distinction has been drawn in the said publication
between castes and tribes. . . ' ' [2D-F]
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Admittf~ly, Mahadeo Koli is a Scheduled Tribe whereas Son
Koli is a caste. The Scrutiny Committee cannot be faulted for placing
gr.eat relianc~ on t~e entries in the register of the primary school where
the petitioqer's father took his primary education, as at the \ime when
these entries were made there was no reason why he should have lllade a
wrong statement about the caste or tribe to which he belonged. These
entries were made in 1945, wlien there was no special advantage which
t11e Schedul.ed Tribe of Mahadeo Koli enjoyed over the members of the
caste of Son Koli. The certificates relied upon by the petitioner have
been rejected by the Scrutiny Committee primarily because 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, as it was of the view that they were
made at :i time when no question of making any manipulation arose,
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 fair play ~~ve pot been observe!i by the Scrutiny Committee. [4A-E]
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.
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#### Mrs, !!lrlirn Jqising!i, Tripµrari Ray anq M.N. Shroff for the
Petitioner. F
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
G 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
H 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.
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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** **H**
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4 SUPREME COURT REPORTS [ 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,
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mittee 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 back
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ward 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.
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