# KUMARI MADHURI PATIL AND ANR v. ADDL. COMMlSSIONER, TRIBAL DEVELOPMENT AND ORS

- **Citation:** [1994] Supp. 3 S.C.R. 50
- **Court:** Supreme Court of India
- **Decided:** 1994-09-02
- **Case number:** Writ Petition No. 438 of 1985
- **Bench:** K. Ramaswamy, N. Venkatachala
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/kumari-madhuri-patil-and-anr-v-addl-commlssioner-tribal-development-and-ors-12491
- **Pages:** 25

## Headnote

ConstiμJ.tion of India, 1950 : .Articles 342 and 366(25).
Scheduled Tribes--'Hindu-Kolis' of Maharashtra held belonging to
C other backward classes and not Scheduled Tribe'.
Scheduled Tribe-Social Status Certificate as to-Certificate obtained
fraudulently-Admission obtained in Medical College on the basis of said
certificate-Confirmation of status sought from Verfication Committee-Committee considering family backward ancestry and anthropology of
D appellants and holding them 'Koli' which is other backward classes and not
'Mahadeo Koli'-Scheduled Tribe'-Entries in School's register of pre- constitutional era showing caste of applicant's father held of great evidentiary
value-Confiscation and cancellation of status certificate held justifiedDoctrine of promissory estoppel help inapplicable-<Juidelines for issuance
E of social status certificate laid down.
Presidential Scheduled Castes/Scheduled Tribes Order, 195o-hesidential order---Declaration of category of persons as Scheduled Castes/
Scheduled Tribes-Held conclusive in nature.
, F
Social Status Certificate--Findings of Verification Committee-Court's
interference with-Held not pennissible unless vitiated by elTor of law or
non-application of mind.
S applied to tl!_e Tehsildar, Andheri for issuance of a caste certificate
as 'Mabadeo Koli' Scheduled Tribe. Sub- Divisional Officer, Bombay
G Sub-Urb;m District refused to issue the certificate informing her that she
#as-llot a Scheduled Tribe. She filed an appeal before the Addi. Commis~
sicmer, Konkan Division, Bombay. Since she had applied for M.B.B.S.
admissi9n and the time for the same was running out, she filed a writ
petition in the High Court for direction to the Addi. Commissioner to
H dispose of her appeal and for a further direction to the Medical College
J..
50
· K.M. PATIL v. ADDL COMMR.
51
to admit her if found fit. Before the Additional Commissioner and also in A
the High Court, she relied on a judgment of the Bombay High Court in
Subhash Ganpatrao Kabade v. State of Maharashtra (Writ Petition No. 438
of 1985) wherein 'Koll' was held to be 'Mahadeo Koll' i.e. Scheduled 1iibe •
. -_;
The High Court directed the Addi. Commissioner to dispose of the appeal
who in tum directed the Tehsildar to issue a certificate which was accord· B
ingly issued to her. In the meanwhile, she had by orders of the High Court
got admitted into the college and pursued her studies. Thereafter, she
applied to the Verification Committee for confirmation of her status as
Scheduled Tribe.
On the basis of the order passed by the High Court in favour of S, c
her sister M also applied to the Divisional Executive Magistrate, Greater
Bombay for a certificate declaring her status to be 'Mahadeo Koll' which
was granted to her. On the basis of the said certificate, she got admission
into BDS Course and thereafter applied to the Verification Committee for
confirmation of her status as Scheduled Tribe.
D
The Verification Committee jointly considered the claim of both the
·sisters and called upon their father to furnish detailed information regard·
ing his family background, ancestry and anthropology of "Mahadeo Koli"
to verify their claim of status as Schedule_d Tribe. Appellant's father, who E
" was admitted in the school in 1943 and in his school admission register as
well as school and college certificates his caste was shown as "Hindu·Koli",
submitted the particulars alongwith his school and college certificates,
Junior College Certificate and school certificates of the appellants, the
certificates of his sister and appellants' maternal aunt and maternal uncle
and a statement by the Caste Association. The Committee considered the F
entire evidence and found that the appellants were "Koli" by caste which
is recognised as other Backward Class in the State and that they were not
'Mahadeo-Koli', the Scheduled Tribe and accordingly held that their claim
was untenable. Consequently, the Certificates issued to the appellants were
cancelled and confiscated.

## Text

_Characters 0–39,812 of 62,584. This is a partial read: ask again with offset=39812 for what follows._

A
KUMAR! MADHURI PATIL AND ANR.
v.
ADDL. COMMlSSIONER, TRIBAL DEVELOPMENT AND ORS.
SEPTEMBER 2, 1994
B
[K. RAMASWAMY AND N. VENKATACHALA, JJ.]
ConstiμJ.tion of India, 1950 : .Articles 342 and 366(25).
Scheduled Tribes--'Hindu-Kolis' of Maharashtra held belonging to
C other backward classes and not Scheduled Tribe'.
Scheduled Tribe-Social Status Certificate as to-Certificate obtained
fraudulently-Admission obtained in Medical College on the basis of said
certificate-Confirmation of status sought from Verfication Committee-Committee considering family backward ancestry and anthropology of
D appellants and holding them 'Koli' which is other backward classes and not
'Mahadeo Koli'-Scheduled Tribe'-Entries in School's register of pre- constitutional era showing caste of applicant's father held of great evidentiary
value-Confiscation and cancellation of status certificate held justifiedDoctrine of promissory estoppel help inapplicable-<Juidelines for issuance
E of social status certificate laid down.
Presidential Scheduled Castes/Scheduled Tribes Order, 195o-hesidential order---Declaration of category of persons as Scheduled Castes/
Scheduled Tribes-Held conclusive in nature.
, F
Social Status Certificate--Findings of Verification Committee-Court's
interference with-Held not pennissible unless vitiated by elTor of law or
non-application of mind.
S applied to tl!_e Tehsildar, Andheri for issuance of a caste certificate
as 'Mabadeo Koli' Scheduled Tribe. Sub- Divisional Officer, Bombay
G Sub-Urb;m District refused to issue the certificate informing her that she
#as-llot a Scheduled Tribe. She filed an appeal before the Addi. Commis~
sicmer, Konkan Division, Bombay. Since she had applied for M.B.B.S.
admissi9n and the time for the same was running out, she filed a writ
petition in the High Court for direction to the Addi. Commissioner to
H dispose of her appeal and for a further direction to the Medical College
J..
50
· K.M. PATIL v. ADDL COMMR.
51
to admit her if found fit. Before the Additional Commissioner and also in A
the High Court, she relied on a judgment of the Bombay High Court in
Subhash Ganpatrao Kabade v. State of Maharashtra (Writ Petition No. 438
of 1985) wherein 'Koll' was held to be 'Mahadeo Koll' i.e. Scheduled 1iibe •
. -_;
The High Court directed the Addi. Commissioner to dispose of the appeal
who in tum directed the Tehsildar to issue a certificate which was accord· B
ingly issued to her. In the meanwhile, she had by orders of the High Court
got admitted into the college and pursued her studies. Thereafter, she
applied to the Verification Committee for confirmation of her status as
Scheduled Tribe.
On the basis of the order passed by the High Court in favour of S, c
her sister M also applied to the Divisional Executive Magistrate, Greater
Bombay for a certificate declaring her status to be 'Mahadeo Koll' which
was granted to her. On the basis of the said certificate, she got admission
into BDS Course and thereafter applied to the Verification Committee for
confirmation of her status as Scheduled Tribe.
D
The Verification Committee jointly considered the claim of both the
·sisters and called upon their father to furnish detailed information regard·
ing his family background, ancestry and anthropology of "Mahadeo Koli"
to verify their claim of status as Schedule_d Tribe. Appellant's father, who E
" was admitted in the school in 1943 and in his school admission register as
well as school and college certificates his caste was shown as "Hindu·Koli",
submitted the particulars alongwith his school and college certificates,
Junior College Certificate and school certificates of the appellants, the
certificates of his sister and appellants' maternal aunt and maternal uncle
and a statement by the Caste Association. The Committee considered the F
entire evidence and found that the appellants were "Koli" by caste which
is recognised as other Backward Class in the State and that they were not
'Mahadeo-Koli', the Scheduled Tribe and accordingly held that their claim
was untenable. Consequently, the Certificates issued to the appellants were
cancelled and confiscated. On appeal, the Addi. Commissioner found the G
_.,.
certificate issued in favour of appellants' maternal uncle, was from a
Magistrate, Greater Bombay, who had no jurisdiction and the social status
certificate was 'issued without proper scrutiny. The certificate issued to
appellants' maternal aunt by the Judicial Magistrate was on the basis of
the school leaving certificate, ration card etc. and that, therefore, it does
not provide any probative value to their status as Scheduled Tribe because H
52
SUPREME COURT REPORTS (1994] SUPP. 3 S.C.R.
A the entries in school and college certificates of the appellants are not
conclusive.
· In appeal to this Court, it was contended on behalf of the appellant
that before the Verification Committee the appellant's father has explained
~
the circumstances in which he came to be described himself as Hindu Koli.
B Prior to 1950, there was no necessity to describe sub-caste. For the first
time in 1976 under the Scheduled 'Castes Scheduled Tribes Amendment
Act,i.976, 'Mahadeo Koli' was introduced as a Scheduled Tribe in the State
of Maharashtra. The certificates issued to the ma~mal uncle as Mahadeo
Koli in the year 1954 and entries in his s-ervice record and to maternal
C aunt, in the year 1979 probabalise the omission to describe him as
Mahadeo Koli, though they, as a fact1 belong to Scheduled Tribe. In the
school registers the appellants had enjoyed the status as Scheduled Tribe
which provides probative value. Therefore, it was contended that the
Committee, the Addi. Commissioner and the High Court had not ap·
preciated the evidence in proper perspective before declining to confirm
D the social status of the appellants.
If was further contended that S has completed her ~nal year course ·
of study and Mis in midway and that therefore, justice demands that theii'
education should not be dislocated with the denial of the social status as
E
Scheduled Tribes.
F
Dismissing the appeals, this Court
HELD : 1. The cancellation of the social certificates issued .by the
concerned Executive Magistrates by the Scrutiny Committee is legat (74-B]
2. Kolis have been declared to be OBC in the State of Maharashtra
being fishermer;;, in that their avocation is fishing and they live mainly in
the coastal region of Maharashtra. Mahadeo Kolis are hill tribes and it ts
not a sub-caste. In 1942 resolution in serial No. 15 ill Schedule B of the
G
Bombay resolution Mahadeo Koli tribe was notified as a·Scheduled Tribe.
It was later amended as serial No. 13. In the Presidential Scheduled
Castes/Scheduled Tribes Order 1950, it was reiterated. A slight modifica·
tion was made in that behalf by the Presidential Notification dated October
29, 1956. In 1976 Amendment Act, there is no substantial change except
removing the area restriction. Thus Mahadeo Koli, a Scheduled Tribe
H continued to be a Scheduled Tribe even after independence. Presidential
K.M. PATILv. ADDL. COMMR.
53
declaration, sub;ect to amendment by the Parliament being conclusive, no A
addition to it or declaration of castes/tribes or sub-castes/parts of or
groups of tribes or tribal communities is permissible. [ 64-G-H; 65-A-B-C]
3. The father of the appellants admittedly described himslf in 1943
and thereafter as a Hindu Koli. In other words his status was declared a
Koli by caste and Hindu by religion. Kolis are admittedly OBCs. His
feigned ignorance of the ancestry is too bard to believe. The averment in
the affidavit that the entries were mistakenly made as Hindu Koli is an
obvious afterthought. The anthropological moorings and ethnological kinship affinity gets genetically ingrained in the blood and no one would shake
B
off from past, in perticular, when one is conscious of the need of preserving C
its relevance to seek the statu.s of Scheduled Tribe or Scheduled Caste
recognised by the Constitution for their unliftment in the Society. The
father of the appellant has failed to satisfy the crucial affinity test which
is relevant and germane one. On the other hand the entries in his school
and college registers as Hindu Koli positively belies the claim of his social D
status as Scheduled Tribe. [65-G-H; 66-A-C]
4. When the school record of the candidates' father shows his caste
as Koli, the documents which the candidates have produced showing their
caste as Mahadeo Kol~ cannot be relied upon. All these documents fur·
nished by the candidates are those manipulated and fabricated with to E
knock of the seats in educational institutions defrauding the true
Scheduled Tribes to their detriment and deprivation. As the school record
. of the candidate's father shows his caste as 'Koli', the caste certificates
which have been issued to the appellants and their relatives by the Executive Magistrate, Greater Bombay are without proper enquiry and investigation, besides being without jurisdiction. Its reiteration in service
record would not carry any credibility or a ground to accept the caste as
Scheduled Tribe. The caste certificate issued by Samaj being self-serving
and subject to scrutiny, they cannot be held to be conclusive proof to
determine the caste claim. [66-H; 67-A-B-C]
5. The entries in the shcool register preceding the Constitution do
furnish great probative value to the declaration of the status of a caste.
Hierarchical caste stratification of Hindu social order has its reflection in
F
G
all entires in the public records. What would, therefore, depict the caste
status of the people inclusive of the school or college reords, as the then H
54
SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.
A
census rules insisted upon. Undoubtedly, Hindu social order is based on
hierarchy and caste is one of the predominant factors during pre-constituion period. Unfortunately instead of dissipating its incursion it is
beting needlessly accentuated, perpetrated and stratification is given
legitimacy for selfish ends instead of being discouraged and put an end by
B
all measures, including administrative and legislative. Be it as it may,
people are identified by the their castes for one or the other is a reality.
Therefore, it is no wonder that caste is reflected in relevant entries in the
public records or school or college admission register at the relevant time
and the certificates are issued on its basis. [65-D-E-F]
' .
C
6. The Addi. Commissioner rightly held that an argument of social
mobility and modernisation often alluringly put-forth to obviate the need
to pass the affinity test is only a convenient plea to get over the crux of the
question. Despite the cultural advancement, the.genetic traits pass on from
generation to generation and no one could escape or forget or get them
over. The tribal customs are peculiar to each tribe or tribal communities
D and are still being maintained and preserved. Their mltural advancement
to some extent may be modernised and progressed but they would not be
oblivious to or ignorant of their customary and cultural past to establish
their affinity to the membership of a particular tribe. [61-A-B-C]
E
.
Subhash Ganpatrao Kabade v.State of Maharashtra, Writ Petition No.
438 of 1985, overruled.
Marri Chander Shekhar Rao v. Dean Seth 0.S. Medical College and
Ors., [1990] 3 S.C.C. 130 and Action Committee on issue of Caste Certificate
of SCs and STs in the State of Maharashtra v. Union of India and Ors.,
F
decided on 18.7.1994 (W.P. No. 898/90), referred to.
7. Often the plea of equities or promissory estoppel would be put
forth for continuance and completion of further course of studies and
usually would be found favour with the courts. The courts have constitutional duty and responsibility, in exercise of the power of its judicial ·review,
G to see that constitutional goals set down in the Preamble, the fundamental
rights and the Directive Principles of the Constitution, are achieved. A
party that seeks equity, must come with clean hands. He who comes to the
Court with false claim, cannot plead equity nor the court would be justified
in exercising equity jurisdiction in his favour. There is no estoppel as no
H promise of the social status is made by the State when a false plea was put
-
K.M. PATIL v. ADDL. COMMR.
55
forth for the social status recognised and declared by the Presidential A
Order under the Constitution as amended by the SC and ST Amendment
Act, 1976, which is later found to be false. Therefore, the plea of promissory
estoppel or equity have no application. When it is found to be a case of
fraud played by the concerned, no sympathy and equitable considerations
can come to his rescue. Nor the plea of estoppel is germane to the beneficial B
constitutional concessions and opportunities given to the genuine tribes
or castes. Courts would be circumspect and vary in considering such cases.
(72-D·E·F·G]
8. High Court is not a court of appeal to appreciate the evidence.
The Committee which is empowered to evaluate the evidence placed before C
it when records a finding of fact, it ought to prevail unless found vitiated
by judicial review of any High Court subject to limitations of interference
with findings of fact. The Committee when considers all the m~rial facts
and records a finding, though another view, as a court of appeal may be
possible, it is not a ground to reverse the findings. The Court has to see
whether the Committee considered all the relevant _material placed before D
it or has not applied its mind to relevant facts which have led the commit·
tee ultimately recorded the finding. Each case must be considered in the
backdrop of its own facts. [72·B·CJ
9. No doubt there was a delay on the part of the Scrutiny Committee E
in the disposal of the claims. In fact the delay in the process is inevitable
but that factor should neither be considered to be relevant nor be an aid
to complete the course of study. Since she has completed the entire course
except to appear for the final examination, no useful purpose would be
served to debar her from appearing for the examination of final year
M.B.B.S. Therefore, the cancellation of the social s!3tus certificate as
Mahadeo Koli fraudulently obtained by S is upheld but she be allowed to
appear for the final .year examination of MBBS course. However, this
direction should not be treated as a precedent in future cases to give any
similar directions since the same defeats constitutional goals.
F
(73-B·E·F·G] G
10. M did not approach the competent officer. She appears to have
wrongly gone to an officer who had no jurisdiction. Obviously, she had
shown the order issued by the High Court in favour of her sister and
secured the certificate and got the admission. Though she is in midway of
her study in B.D.S. in the end of second year, she cannot ~ontinue her H
56
SUPREME COURT REPORTS (1994] SUPP. 3 S.C.R.
A studies with her social status as Mahadeo Koli. Therefore, the cancellation
and confiscation of her social status certificate as Mahadeo Koli ordered
by Scrutiny Committee and affirmed by Appellate Authority and that of
the High Court in that behalf is upheld. [73-H; 74-A·B]
B
11. The State is enjoined under our Constitution to provide facilities
and opportunities for development of scientific temper, educational advancement and economic improvement of Scheduled Tribes so that they may
achieve excellence, equality of status and live in dignity. However, it is
common knowlegdge that endeavour of States to fulfil constitutional man·
date of upliftment of Scheduled Castes and Scheduled Tribes by providing
C for reservation of seates in educational institutions and for reservation of
posts and appointments, are sought to be denied to them by unscrupulous
persons who come forward to obtain the benefit of such reservations
posing themselves as persons entitled to such status while in fact disentitled to such status. The case in hand is a clear instance of such pseudo
status. [64·B·E·F]
D
E
F
U. Spurious tribes have become a threat to the genuine tribals and
the present case is a typical example of reservation of benefits given to the
genuine claimants being snatched away by spurious tribes. [67-E]
13. The admission wrongiy gained or appointment wrongly obtained
on the basis of false social status certificate necessarily has the effect of
depriving the genuine Scheduled Castes or Scheduled Tribes or OBC
candidates the benefits conferred on them by the constitution. The genuine
candidates are also denied appointments for want of social status. certifi·
cate. For streamlining the procedure for the issuance of social status
certificates, their scrutiny and their approval, the following guidelines are
laid down :· [68-D, F]
(a) The application for grant of social status certificate shall be
made to the Revenue-Sub-Divisional Officer and Deputy Collector or
G Deputy Commissioner and the certificate shall be issued by such officer
rather than at the Officer, Taluk or Mandal level; [68-G]
(b) The parent or the candidate shall file an affidavit with par·
ticulars of castes and sub-castes, tribe, tribal community, parts or groups
of tribes 9r tribal communities, the place from which he originally hails
H from; [68-H, 69-A]
....
K.M. PATIL v. ADDL. COMMR.
57
(c) Application for verification of the caste certificate by the scrutiny A
Committee shall be filed at least six months in advance before seeking
admission or an appointment to a post; [69-B]
(d) All the State Governments shall constitute a Committee of three
officers, namely (I) an Additional or Joint Secretary; (II) the Director,
Social Welfare/Backward class Welfare, as the case may; and (Ill) in the B
case of S~heduled Castes another officer who has intimate knowledge in
the verification and issuance of the social status certificates. In the case
the Scheduled Tribes, the Research Officer who has intimate knowledge in
identifying the tribes; [69-C]
(e) Each Directorate should constitute a vigilance cell consisting of
Senior Deputy Superintendent of Police in over all charge and su~h number
of Police Inspectors to investigate into the social status claims; [69-D]
c
(f) If the claim from social status is found to be "not genuine" or
"doubtful", on receipt of the report, the Director concerned should issued D
show cause notice supplying a copy of the report of the vigilance officer to
the candidate through the head of the concerned educational institution
in which the candidate is studying or employed; [69-G-H; 70-A]
(g) After giving opportunity either in person or through counsel, the
Committee may make such inquiry as it deems expedient and consider the E
claims vis-a-vis the objections raised by the cadidate of opponent and pass
an appropriate order with brief reasons in support thereof; [70-C]
(h) In case the report is in favour of the candidate and found to be
genuine and true, no further action need be taken; [70-D]
(i) The inquiry should be completed as expeditiously as possible
preferably by day-to-day proceedings within such period not exceeding two
months. If the Scrutiny Committee finds the claim to be false, they should
cancel the certificate; [70-F]
·
F
(j) In case of any delay in finalising the proceedings, and in the G
meanwhile the last date for admission into an educational institution or
appointment to an officer post, is getting expired, the candidate be admitted on the basis of the social status certificate already issued. But it
should be only provision, subject to the result of the inquiry by the Scrutiny
Committee; [70-H; 71-B]
H
A
B
58
SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.
(k) The order passed by the Committee shall be final and conclusive
only subject to the proceedings under Article 226 of the Constitution; [71-B]
(I) The High Court would dispose of these cases as expeditiously as
possible within a period of three months. In case, as per its procedure, the
matter is disposed of by a Single Judge, then no further appeal would lie
to the Divison Bench but subject to special leave under Article 136; [71-C]
(m) In case, the certificate obtained or social status claimed is found
to be false, the parent/candidate should be prosecuted for making false
claim. Conviction and sentence of the accused should be regarded as an
C
offence involving moral turpitude, disqualification for elective posts or
offices; [71-D]
(n) The finding of the Scrutiny Committee holding that the certificate obtained was false, on its cencellation and confiscation simultaneously, should be communicated to the concerned educational institution or the
D appointing authority with a request to cancel tbe admission or the appointment; and [71-F]
(o) Every state concerned should endeavour to give effect to this
procedure. [71-H]
E
CIVIL APPELLAT-E JURISDICTION: Civil Appeal No. 5854 of
1994.
From the Judgment and Order dated 17.8.93 of the Bombay High
Court in W.P. No. 1849of1993.
F
S. Ganesh, Zaki Ahmed Khan and Ashok Kr. Gupta for the Appellants.
K. Madhava Reddy, AS. Bhasme and Ms. D. Bharathi Reddy for the
Respondents.
/
G
The Judgment of the Court was delivered by
K. RAMASWAMY, J. Leave granted.
The appellants are Suchita and Madhuri, daughters of Laxman Pandurang Patil. Their grandfather was Panduranga Patil. Laxman Patil was
H admitted in the school in the year 1943. In his school admission register
K.M. PATILv. ADDL. COMMR. [K. RAMASWAMY,J.]
59
and his school and college certificates his caste was shown as "Hindu-Koli". A
Suchita had applied through her father, Laxman Patil to the Tahsildar,
Andheri on November 30, 1989 for issuance of caste certificate as
"Mahadeo Koli" a Schedule Tribe. The Sub-Divisional Officer, Bombay
Sub-urban Dist. by his proceeding dated June 22, 1989 refused to issue
caste certificate sought for by Ms. Suchita and informed her that she was B
not a Scheduled Tribe "Mahadeo Koli". She filed an appeal before the
Adell Commissioner, Konkan Division, Bombay. As she had applied for
admission into the M.B.B.S. course and the ti.JJie for her admission was
running out, she filed Writ Petition No. 3516 of 1990 in the High Court to
direct the Addi. Commissioner to dispose of her appeal and to further
direct to the Dean of D.Y.C. Naik Medical College to permit her to appear C
for interview and admit her in the college if she was found fit. It is not in
dispute that she filed a copy of the judgment in Subhash Ganpatrao Kabade
v. State of Maharashtra, Writ Petition No. 438 of 1985, wherein 'Koli' was
held to be 'Mahadeo Koli', before the Addi. Commissioner and also in the
High Court. Because of the directions of the High Court she was admitted D
in the M.B.B.S. course and she is continuing her studies. The Addi.
Commissioner directed the Tahsildar to issue the certificate and accordingly issued to Miss Suchita the certificate as Scheduled Tribe. Miss
Suchita applied to the Verification Committee for confirmation of her
status as Scheduled Tribe. Madhuri applied for the issuance of Scheduled
Tribe certificate before the Divisional Executive Magistrate, Greater BornE
bay, enclosing the order passed by the High Court in Writ Petition No.
3516 of 1990, dated December 4, 1990, in favour of her sister Suchita, which
was issued on AuguSt 23, 1990 declaring her status to be "Mahadeo Koli"
and then she got the admission into B.D.S'. in the year i992. Therafter, she
applied to the Verification Committee for confirmation. The proceeding p
by the Verification Committee was jointly conducted into the claims of the
appellants, initiated on December 8, 1989, the father of the appellants was
called upon to furnish in the prescribed form the detailed information
regarding his family background, ancestry; and anthropology of "Mahadeo
Koli", Scheduled Tribe, to verify the veracity of his claim of status as S.T.
G
Mahadeo Koll was declared to be a Scheduled Tribe by Bombay
Province as early as 1933 and the President of India declared in 1950 under
Art. 342, in consultation with the Govt. of Bombay (Maharashtra) and as
amended form time to time. Laksnian submitted the particulars alongwith
his school and college certificates, Junior College Certificate and school H
60
SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.
A
certificates of the appellants, the certificates of his sister and appellants'
maternal aunt, Jyotsana Pandurang Patil dated March 3, 1978 and maternal
uncle Balakrishna Pandurang Naik dated October 22, 1954 and a statement
by the Caste Association. The Committee in their order dated June 26,
1992 considered the entire evidence placed before them, the particulars
B furnished by their father in the proforma on their ancestry and other
anthropological particulars and after hearing their counsel, found that the
appellants are "Koli" by caste which is recognised as Other Backward Class,
i.e. O.B.C. m the State and that they are not 'Mahadeo Koli', the Scheduled
Tribe and their claim for that social status was accordingly declared
uiltenable. The certificates issued by the respective Executive Magistrates
C were cancelled and confisc:ated. Their appeal provided under the Rules too
was heard by the Addl. Commissioner in Caste Appeal No. 11 of 1992 who
by an elaborate order dated April 30, 1993 found that the certificate issued
·in favour of Balakrishna Pandurange Naik, maternal uncle, was from a
Magistrate, Greater Bombay, who had no jurisdiction and was issued social
D status certificate without proper scrutiny. The certificate issued to Jyotsana
by the Judicial Magistrate was on the basis of the school leaving certificate,
ration card etc. and that, therefore, it does not provide any probative value
to their status as Scheduled Tribe, the entries in school and college
certificates of the appellants are not conclusive.
E
It is obvious that Judicial Magistrate has no jurisdiction to issue caste
certificate and it is a void certificate. The entries in the school certificate
of the father of the appellants, Laxm.an Patil, being pre-independence
period, it bears ''great probative value" wherein he declared himself to be
"Hindu Koli" which is now recognised as a backward class. The casteF
affirmation certificate issued by the Samaj "Caste Association" consists of
these very communities who seek to get the status as Scheduled Tribes. It
also does not; therefore, bear any probative value. School certificates and
college certificates in favour of the appellants are the subject of enquiry,
therefore, do not bear any value and independently their status is to be
considered.
G
The Committee as well the Addl. Commissioner relied upon a report
of expert committee which had gone into the sociological, anthropology
and ethnology of the Scheduled Tribes including "Mahadeo Koli" which
formed the basis for the proforma questionnaire prepared by the GovernH ment and as given to and answered by the father of the appellants. On the
K.M. PATILv. ADDL. COMMR. [K. RAMASWAMY,J.]
61
· basis of the information furnished b.y the father of the appellants and the A
anthropological and ethnology findings in that behalf, the Addl. Commissioner, in our view rightly, held that an argument of social mobility and
modernisation often alluringly put-forth to obviate the need to pass the
affinity test is only a convenient plea to get over the crux of the question.
Despite the cultural advancement, the genetical traits pass on from generaB
tion to generation and no one could escape or forget or get them over. The
tribal customs are peculiar to each tribe or tribal communities and are still
being ~aintained and preserved. Their cultural advancement to some
extent may be modernised and progressed but they would not be· oblivion
to or ignorant of their customary and cultural past to ~stablish their affinity
to the membership of a particular tribe. The Mahadeo Koli a Scheduled C
Tribe declared in the Presidential Notification 1950, itself is a tribe and is
not a sub-caste. It is a hill tribe, may be like "Koya" in Andhra Pradesh.
Kolis, a backward class, are fishermen by caste and profession and reside
mostly in Maharashtra coastal area. Kolis have different sub castes.
Mahadeo KoJis reside in hill regions, agriculture, agricultural labour and D
gathering of minor forest produce and sale thereof is their avocation.
Therefore, the cancellation of the social certificate issued by the concerned
Executive Magistrates by the Scrutiny Committee was legal.
The appellants' Writ Petition No. 1849 of 1993 was dismissed by the
Division Bench by its Order dated August 17, 1993 with brief reasons. Sri· E
Ganesh, the learned counsel for the appellants contended that in the
affidavit filed by the appellant's father before the Verification Committee
he has explained the circumstances in which he came to be described
himself as Hindu Koli. Prior to 1950, there was no necessity to describe
sub-caste. For the first time in 1976 under the Scheduled Castes Scheduled F
Tribes Amendment Act, 1976, Mahadeo Koli was introduced as a
Scheduled Tribe in the State of Maharashtra. The certificates issued to the
maternal uncle Balakrishna Naik as Mahadeo Koli in the year 1954 and
entries in his service record and to maternal aunt, Jyotsana in the year 1979
probabalise the omission to describe Laxman Patil as Mahadeo Koli,
though they, as a fact, belong to Scheduled Tribe. In the school registers G
the appellants had enjoyed the status as Scheduled Tribe which provides,
probative value. The committee, the Addl. Commissioner and the High
Court had not appreciated the evidence in proper perspective before
declining to confirm the social status of the appellants as Scheduled Tribes
and the High Court ought to have gone into these aspects as was done in H
-
·62
SUPREME COURT REPORTS [1994) SUPP. 3 S.C.R.
A
Subhash Ganpatrao's case. It is further contended that Suchita has completed her final year course of study. Madhuri is in midway and that,
therefore, justice demands that their education should not be dislocated
with the denial of the social status as Scheduled Tribes. The sheet anchor
for the counsel's argument is the judgment of the Division Bench of the
B
Bombay High Court in Subhash Ganpatrao Kabade's case. We find no
force in the contentions.
From the counter affidavit filed by the State which has not been .
disputed by filing any rejoinder and as is borne out from the public·
Notification issued by the President in the year 1950 in exercise of the
C power· under Art. 342 read with Art. 366(25) of the Constitution that
Mahadeo Koli is declared as a Scheduled Tribe. Art. 366.(25) defines
Scheduled Tribes, as meaning such tribes or tribal communities or parts of
or groups within such tribes or tribal communities as are declared under
Art. 342 to be Scheduled Tribes for the purposes of the Constitution. Art.
D 342 gives power to tlie President to specify the tribe with respec:t to any
State or Union Territory, after consultation with the Governor where it is
a State, by public notification, specify the tribes or tribal communities or
parts of or groups within tribes or tribal communities which shall, for the
purposes of the Constitution, be deemed to be Scheduled Tribes in relation
to that State or Union territory, as the case may be.
E
F
G
In Marri Chander Shekhar Rao v. Dean, Seth G.S. Medical College &
Ors., [1990) 3 SCC 130, this Court declared that subject to the law made
by the Parliament under sub-s.(2) of s. 342, the tribes or tribal communities
or parts of or goups within. tribes or tribal communities specified by the
President by a public notification shall be final for the purpose of the
Constitution. They are the tribes in relation to that State or Union Territory
and that any tribe or tribes or tribal communities or parts of or groups
within such tribe or tribal communities, not specified therein in relation to
that state, shall not be Scheduled Tribes for the purpose of the Constitution. The father of one Chander Shekhar Rao who hailed from Tenali in
Guntur Dist. of Andhra Pradesh is a Settibalija by caste which is recognised
as a backward class. His father obtained a certificate from the Tahsildar,
Tanali that he belonged to Scheduled Tribe and had got an appointment
in a public undertaking of Bombay. On the basis of social status certificate
obtained by his father and entries in service record of his father, he applied
H for admission into medical college as Scheduled Tribe. When he was not
..
K.M. PATIL v. ADDL. COMMR. [K. RAMASWAMY, J.]
63adlliitted, he filed the writ petition in this Court under Art. 32 seeking a A
declaration that Settibalija though was not declared to be Schedtiled Tribe
in Maharashtra it was a Scheduled Tribe for the purpose of the Constitution and that he was entitled to the admission into the medical college on
the basis of his social status as a Scheduled Tribe. This Court did not
uphold the contention. This court held that the declaration by the President B
by a public notification in relation to a State in consultation with the
Governor of that State is conclusive and court cannot give such a declaration. The same view was reiterated by another Constitution Bench in Action
Committee on issue of Caste Certificate of SCs and STs in the State of
Maharashtra v. Union of India & Ors., decided on Jtily 18, 1994 in W.P. No.
898/90.
c
The Preamble to the Constitution promises to secure to every citizen
social and economic justice, equality of status and of opportunity assuring
the dignity of the individual. The Scheduled Tribes are inhabitants of
intractable terrain regions of the country kept away from the main stream D
of national life and with their traditional moorings and customary beliefs
and practices, they are largely governed by their own customary Code of
Conduct regulated from time to time with their own rich ctiltural heritage,
mode of worship and c\lltural ethos. The Constitution guarantees to them
who are also Indian citizens of equality before law and the equal protection E
of law. Though Arts. 14 and 15(1) prohibits discrimination among citizens
on certain grounds, Art. 15( 4) empowers the State to make special
provisions for advancement of Scheduled Castes and Scheduled Tribes.
F
Art. 16(1) requires equality of oppor.t:unity to all· citizens in matters of
appointments to an office or a post under the Union or a State Govt. or
public undertakings etc. But Art.16( 4) empowers the State to make
provision for reservation of appointments or posts in favour of classes of
citizens not adequately represented in the services under the State. Art. 46
enjoins the State by mandatory language employed therein, to promote
with special care the educational or economic interest of the Scheduled
Tribes and Schedtiled Castes and to protect them from 'social injustice' G
and 'all forms of exploitation'. Art.51A(h) enjoins every citizen to develop
scientific temper, humanism and the spirit of inquiry and reform. Again
Art. 51A(h) requires every citizen is strive towards excellence in all spheres
of individual and collective activity so that the nation constantly rises to
higher levels of endeavour and achievement. It is, therefore, a fundamental H
64
SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.
A duty of every citizen to develop scientific temper and humanism and spirit
of inquiry to reform himself in \ris onward thrust or his strive to improve
excellence in all spheres of individual and collective activity. Since the
Scheduled Tribes are a nomadic class of citizens whose habitants being
generally hilly regions or forests, results in their staying away from the
•r
B main-stream of the national life. Therefore, the State is enjoined under our
Constitution to provide facilities and opportunities for development of
their scientific temper, educational advancement and economic improvement so that they may achieve excellence, equality of status and live in
dignity. Reservation in admission to educational institutions and employc ment are major State policies to accord to the tribes, social and economic
justice apart from other economic measures. Hence, the tribes, by reason.
of States' policy of reservation, have bee.n given the exclusive right to
admission into educational institutions or exclusive right to employment to
an office or post under the State etc. to the earmarked quota. For availment
D of such exclusive rights by citizens belonging to tribes, the President by a
Notification specified the Scheduled Tribes or tnbal communities or parts
or groups of tnbes or tribal communities so as to entitle them to avail of
such exclusive rights. The Union of India and the State· Governments have
prescnbed the procedure and h~ entrusted duty and responsibility to
E
Revenue officers of gazetted cadre to issue social status certificate, after
. due verification. It is common knowledge that endeavour of States to fulfill
constitutional mandate of upliftment of Scheduled Castes and Scheduled
Tnbes by providing for reservation of seats in educational institutions and
for reservation of posts and appointments, are sought to be denied to them
F
by unscrupulous persons who come forward to obtain the benefit of such
reservations posing themselves as person entitled to such status while in
fact disentitled to such status. The case in hand is a clear instance of such
pseudo status. Kolis have been declared to be OBC in the State of
Maharashtra being fishermen, in that their avocation is fishing and they live
inainly in the coastal region of Maharashtra. Mahadeo Kolis are hill tnbes
G and it is not a sub-caste. Everi' prior to independence, the Maharashtra
Govt. ~lared Mahadeo Koli to be criminal tribe as earlier as May 29;
411
1933 in serial No. 15 in List II thereof. In 1942 resolution in serial No. 15
.
in Schedule B of the Bombay resolution Mahadeo Koli tribe was notified
as a Scheduled Tnbe. It was later amended as serial No. 13. In the
H Presidential Scheduled Castes/Scheduled Tribes Order . 1950, it was
-,
K.M. PATILv. ADDL. COMMR. [K. RAMASWAMY,J.)
65
reiterated. A slight modification was made in that behalf by the Presidential A
Notification dated October 29, 1956. _In 1976 Amendment Act, there is no
substantial change except removing the area restriction. Thus Mahadeo
Koll, a Scheduled Tribe continued to be a Scheduled Tribe even after
independence. The Presidential Notification 1950 also does recognise by
public notification of their status as Scheduled Tribes. The assumption of B
the Division Bench of the Bombay High Court in Subhash Ganpatrao
Kabade's case, that Mahadeo Koll was recognised for the first time in 1976
under Amendment Act, 1976, as Scheduled Tribe is not relatable to reality
and an erroneous assumption made without any attempt to investigate the
truth in that behalf. Presidential declaration, subject to amendment by the C
Parliament being conclusive, no addition to it or declaration of castes/tribes
or sub-castes/parts of or groups of tribes or tribal communities is permissible.
The entries in the school register preceding the Constitution do
furnish great probative value to the declaration of the status of a caste. D
Hierarchical caste stratification of Hindu social order has its reflection in
all entries in the public records. What would, therefore, depict the caste
status of the people inclusive of the-school or college records, as the then
census rules insisted upon. Undoubtedly, Hindu social order is based on
hierarchy and caste is one of the the predominat factors during pre-conE
stitution period. Unfortunately instead of dissipating its incursion it is being
needlessly accentuated, perpetrated and stratification is given legitimacy
for selfish ends instead of being discouraged and put an end by all
measures, including administrative and legislative. Be it as it may, people
are identified by their castes for one or the other is a reality.