1 week ago
Bombay High Court Orders Koli Mahadev Certificate for Student
A 17-year-old student wanted an official certificate saying he belongs to the Koli Mahadev Scheduled Tribe.
The certificate was needed for admission using the Scheduled Tribe category.
A government committee refused because one old school record called his grandfather “Koli.”
The committee also rejected another record identifying the grandfather’s brother as “Mahadev Koli.”
The Bombay High Court said the committee had rejected the helpful record for unacceptable reasons.
The court also considered a report saying the family traditionally collected honey and forest produce.
It ordered the committee to give the student the certificate within one week.
The court said the result might have been different if the grandfather’s record had been made before the Constitution came into force.
The Bombay High Court ordered a Scheduled Tribe validity certificate for a 17-year-old Solapur student.
The court said the committee wrongly relied on his grandfather’s “Koli” school-record entry.
It found that supporting records identifying the grandfather’s brother as “Mahadev Koli” were improperly rejected.
A Vigilance Cell report said the student’s family traditionally collected honey and forest produce.
The Scheduled Tribe Scrutiny Committee was directed to issue the certificate within a week.
- Who
- The Bombay High Court, a 17-year-old Solapur student, and the Scheduled Tribe Scrutiny Committee.
- What
- The court ordered the committee to issue the student a Koli Mahadev Scheduled Tribe validity certificate.
- Where
- The case involved a student from Solapur and was decided by the Bombay High Court.
- When
- The court’s order was dated August 20; the committee was directed to act within a week.
- Why
- The court found that the committee relied improperly on a “Koli” entry and rejected supporting records on unacceptable grounds.
Student and High Court
State and Scrutiny Committee
Meaning of the “Koli” record
Student and High Court
The student argued that the committee wrongly invalidated his tribal claim based mainly on one “Koli” entry in his grandfather’s school record. The court held that this reasoning was unacceptable.
State and Scrutiny Committee
The state defended the committee’s decision and argued that the evidence had been properly considered.
Reliability of supporting school records
Student and High Court
The student relied on a record identifying his grandfather’s brother as “Mahadev Koli.” The court said the committee had improperly discarded it and noted that it had not found the record tampered with.
State and Scrutiny Committee
The state argued that the record was questionable because the grandfather’s brother reportedly entered Class 1 at age 10, although the minimum admission age was six.
Tribal affinity evidence
Student and High Court
The court found that the Vigilance Cell report supported the claim by recording the family’s traditional collection of honey and forest produce.
State and Scrutiny Committee
The committee had also cited the student’s failure to establish affinity with the Koli Mahadev tribe as a reason for rejecting the claim.
Key facts
- Student’s age
- 17 years old
- Student’s location
- Solapur
- Claimed tribe
- Koli Mahadev Scheduled Tribe
- Committee decision
- The claim was rejected on August 13, relying on a 1951 school record describing the grandfather’s caste as “Koli.”
- Supporting record
- A 1958 school record of the grandfather’s brother identified him as “Mahadev Koli.”
- Family occupation
- The Vigilance Cell report said the family traditionally collected honey and forest produce.
- Court directive
- The committee must issue the validity certificate within one week.
Quotes
Bombay High Court
The bench comprising Justices Sharmila U Deshmukh and Neeraj P Dhote
“The Scrutiny Committee has discarded the entry in the school record of the Petitioner’s cousin-grandfather (grandfather’s brother), which supports the Petitioner’s tribe claim, for unacceptable reasons. Under the facts and circumstances, the impugned order is liable to be quashed and set aside”
indianexpress.com
Sources
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