VidhiSangh

Supreme Court of India · 11/07/2023

PRIYA PRAMOD GAJBE versus STATE OF MAHARASHTRA AND OTHERS

[2023] 9 S.C.R. 1261 · 2023 INSC 663

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declared the appellant a member of the Mana Scheduled Tribe and directed issuance of a validity certificate. Her 1924 ancestral record was not properly rejected because of a likely writing error in another early entry. Affinity testing was corroborative rather than conclusive, and an area restriction absent from the applicable Presidential entry could not defeat her claim.

Issues

  1. Whether the ancestral documentary record supported the appellant’s Mana Scheduled Tribe claim despite a differing entry.
  2. Whether failure of affinity testing or alleged lack of origin in a particular area justified invalidation.

Provisions considered

Held

Result

Appeal allowed; Scrutiny Committee and High Court orders quashed. Appellant declared to belong to Mana Scheduled Tribe; validity certificate to issue within one month. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 9 S.C.R. 1261.