KUMARI MADHURI PATIL AND ANR. versus ADDL. COMMLSSIONER, TRIBAL DEVELOPMENT AND ORS.

Citation: [1994] SUPP. 3 S.C.R. 50 · Decided: 02-09-1994 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Dismissed

Judgment (excerpt)

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 Commit-
tee-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- con-
stitutional era showing caste of applicant's father held of great evidentiary 
value-Confiscation and cancellation of status certificate held justified-
Doctrine of promissory estoppel help inapplicable-<Juidelines for issuance 
E of social status certificate laid down. 
Presidential Scheduled Castes/Scheduled Tribes Order, 195o-hesi-
dential 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 
appella

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