Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | MBBS Admission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational Institutions – MBBS admission – Seat reserved for Scheduled Tribe – Appellant secured the admission claiming that she belonged to ‘Mana’ Scheduled Tribe – Claim invalidated – Documents of pre-Constitution period relied upon by the appellant – Probative value of – Held: Documents of the pre-Constitution period showing the caste of the applicant and their ancestors have got the highest probative value – If an applicant is able to produce authentic and genuine documents of the pre-Constitution period showing that he belongs to a tribal community, there is no reason to discard his or her claim as prior to 1950, there were no reservations provided to the Tribes included in the Constitution (Scheduled Tribes) Order – In the present case, appellant’s great grandfathers birth record shows the caste as ‘Mana’ – The said document relates to as early as 10.03.1924, while another document of 14.04.1926 shows the caste as ‘Mani’, however, there is no caste named ‘Mani’ – It is possible that there could be some mistake in writing the caste as the original record was written in Marathi and not in English – No reason to discard the pre-Constitutional document of the period as early as 1924 – Order of the Scrutiny Committee and High Court quashed and set aside – Appellant belongs to ‘Mana’ Scheduled Tribe – Social Status Certificate. Social Status Certificate – Scheduled Tribe – Affinity Test – Held: Affinity test may not be regarded as a litmus test for establishing the link of the applicant with a Scheduled Tribe – Claim by a person belonging to the Scheduled Tribe cannot per se be disregarded on the ground that his present traits do not match his tribe’s peculiar anthropological and ethnological traits etc. – Though the Affinity Test may be used to corroborate the documentary evidence, it should not be the sole criteria to reject the claim – Education/Educational Institutions. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2023 INSC 663 |
Petitioner | Priya Pramod Gajbe |
Respondent | The State Of Maharashtra And Others |
SCR | [2023] 9 S.C.R. 1261 |
Judgement Date | 2023-07-11 |
Case Number | 7117 |
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