VidhiSangh

Supreme Court of India · 11/10/2023

ASTHA GOPAL KHAKRA versus STATE OF MAHARASHTRA & ORS.

[2023] 15 S.C.R. 218 · 2023 INSC 945

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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

  1. Whether the paternal relatives’ school records established residence in Maharashtra before the applicable deemed date.
  2. Whether the rejection could stand despite the family tree and vigilance evidence.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 218.