Summary
The Supreme Court restored a student’s claim to Nomadic Tribe-Lohar status in Maharashtra. Her paternal uncles’ school records and the vigilance inquiry established that her grandfather had settled in Akola before the applicable deemed date. The Scrutiny Committee ignored that evidence, and the High Court misread the family tree. The Court declared her status and directed declaration of her completed BDS results with consequential relief.
Issues
- Whether the paternal relatives’ school records established residence in Maharashtra before the applicable deemed date.
- Whether the rejection could stand despite the family tree and vigilance evidence.
Provisions considered
- Rules 2(e), 2(h), 3 and 16, Maharashtra Caste Certificate Rules, 2012The applicable deemed date was 21 November 1961; paternal relatives’ school certificates established ancestral residence before that date on this record. (¶¶ 7, 8, 15, 16, 17)
Held
- The High Court misread the family tree: it identified the appellant’s paternal grandfather. The paternal uncles’ school admissions before the deemed date demonstrated that he had migrated and established residence in Akola in time. (¶¶ 13, 14, 16, 17, 18)
- The Committee’s contrary finding ignored the school certificates and vigilance inquiry. The residence requirement under the 2012 Rules was satisfied on the materials produced. (¶¶ 16, 17, 18)
- Marri Chandra Shekhar Rao addressed a different governing circular and did not determine the appellant’s claim under the 2012 Rules. The appellant was entitled to recognition as Nomadic Tribe-Lohar on these facts. (¶¶ 19, 20)
Result
Appeal allowed. Scrutiny Committee decision and High Court judgment set aside; appellant declared to belong to Nomadic Tribe-Lohar. Her completed BDS course results to be declared, with all consequential relief.