KUMARI MADHURI PATIL AND ANR.versusADDL. COMMLSSIONER, TRIBAL DEVELOPMENT AND ORS.

 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
       " was admitted in the school in 1943 and in his school admission register as       E
         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
_.,.      certificate issued in favour of appellants' maternal uncle, was from a          G
          Magistrate, Greater Bombay, who had no jurisdiction and the social status
         certificate was 'issued without proper scrutiny. The certificate issued to
         appellants' maternal aunt by the Judicial Magistrate was on the basis of
          the school leaving certificate, ration card etc. and that, therefore, it does
          not provide any probative value to their status as Scheduled Tribe because      H
    52                   SUPREME COURT REPORTS (1994] SUPP. 3 S.C.R.

A the entries in school and college certificates of the appellants are not
    conclusive.

       · In appeal to this Court, it was contended on behalf of the appellant
  that before the Verification Committee the appellant's father has explained     ~
  the circumstances in which he came to be described himself as Hindu Koli.
B Prior to 1950, there was no necessity to describe sub-caste. For the first
  time in 1976 under the Scheduled 'Castes Scheduled Tribes Amendment
  Act,i.976, 'Mahadeo Koli' was introduced as a Scheduled Tribe in the State
  of Maharashtra. The certificates issued to the ma~mal uncle as Mahadeo
  Koli in the year 1954 and entries in his s-ervice record and to maternal
C aunt, in the year 1979 probabalise the omission to describe him as
  Mahadeo Koli, though they, as a fact1 belong to Scheduled Tribe. In the
  school registers the appellants had enjoyed the status as Scheduled Tribe
  which provides probative value. Therefore, it was contended that the
  Committee, the Addi. Commissioner and the High Court had not ap·
  preciated the evidence in proper perspective before declining to confirm
D the social status of the appellants.
          If was further contended that S has completed her ~nal year course ·
    of study and Mis in midway and that therefore, justice demands that theii'
    education should not be dislocated with the denial of the social status as
E   Scheduled Tribes.

          Dismissing the appeals, this Court

         HELD : 1. The cancellation of the social certificates issued .by the
    concerned Executive Magistrates by the Scrutiny Committee is legat (74-B]
F
        2. Kolis have been declared to be OBC in the State of Maharashtra
  being fishermer;;, in that their avocation is fishing and they live mainly in
  the coastal region of Maharashtra. Mahadeo Kolis are hill tribes and it ts
  not a sub-caste. In 1942 resolution in serial No. 15 ill Schedule B of the
  Bombay resolution Mahadeo Koli tribe was notified as a·Scheduled Tribe.
G It was later amended as serial No. 13. In the Presidential Scheduled
  Castes/Scheduled Tribes Order 1950, it was reiterated. A slight modifica·
  tion was made in that behalf by the Presidential Notification dated October
  29, 1956. In 1976 Amendment Act, there is no substantial change except
  removing the area restriction. Thus Mahadeo Koli, a Scheduled Tribe
H continued to be a Scheduled Tribe even after independence. Presidential
                       K.M. PATILv. ADDL. COMMR.                          53

 declaration, sub;ect to amendment by the Parliament being conclusive, no A
 addition to it or declaration of castes/tribes or sub-castes/parts of or
 groups of tribes or tribal communities is permissible. [64-G-H; 65-A-B-C]

        3. The father of the appellants admittedly described himslf in 1943
 and thereafter as a Hindu Koli. In other words his status was declared a
 Koli by caste and Hindu by religion. Kolis are admittedly OBCs. His
                                                                               B
 feigned ignorance of the ancestry is too bard to believe. The averment in
 the affidavit that the entries were mistakenly made as Hindu Koli is an
 obvious afterthought. The anthropological moorings and ethnological kin-
 ship affinity gets genetically ingrained in the blood and no one would shake
 off from past, in perticular, when one is conscious of the need of preserving C
 its relevance to seek the statu.s of Scheduled Tribe or Scheduled Caste
 recognised by the Constitution for their unliftment in the Society. The
 father of the appellant has failed to satisfy the crucial affinity test which
 is relevant and germane one. On the other hand the entries in his school
 and college registers as Hindu Koli positively belies the claim of his social D
 status as Scheduled Tribe. [65-G-H; 66-A-C]

         4. When the school record of the candidates' father shows his caste
  as Koli, the documents which the candidates have produced showing their
  caste as Mahadeo Kol~ cannot be relied upon. All these documents fur·
  nished by the candidates are those manipulated and fabricated with to         E
  knock of the seats in educational institutions defrauding the true
  Scheduled Tribes to their detriment and deprivation. As the school record
. of the candidate's father shows his caste as 'Koli', the caste certificates
  which have been issued to the appellants and their relatives by the Execu-
  tive Magistrate, Greater Bombay are without proper enquiry and inves-         F
  tigation, besides being without jurisdiction. Its reiteration in service
  record would not carry any credibility or a ground to accept the caste as
  Scheduled Tribe. The caste certificate issued by Samaj being self-serving
  and subject to scrutiny, they cannot be held to be conclusive proof to
  determine the caste claim. [66-H; 67-A-B-C]
                                                                                G
       5. The entries in the shcool register preceding the Constitution do
 furnish great probative value to the declaration of the status of a caste.
 Hierarchical caste stratification of Hindu social order has its reflection in
 all entires in the public records. What would, therefore, depict the caste
 status of the people inclusive of the school or college reords, as the then H
    54                     SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.

A   census rules insisted upon. Undoubtedly, Hindu social order is based on
    hierarchy and caste is one of the predominant factors during pre-con-
    stituion period. Unfortunately instead of dissipating its incursion it is
    beting needlessly accentuated, perpetrated and stratification is given
    legitimacy for selfish ends instead of being discouraged and put an end by
    all measures, including administrative and legislative. Be it as it may,
B   people are identified by the their castes for one or the other is a reality.
    Therefore, it is no wonder that caste is reflected in relevant entries in the
    public records or school or college admission register at the relevant time
    and the certificates are issued on its basis. [65-D-E-F]
                                                                           '   .
C         6. The Addi. Commissioner rightly held that an argument of social
    mobility and modernisation often alluringly put-forth to obviate the need
    to pass the affinity test is only a convenient plea to get over the crux of the
    question. Despite the cultural advancement, the.genetic traits pass on from
    generation to generation and no one could escape or forget or get them
    over. The tribal customs are peculiar to each tribe or tribal communities
D   and are still being maintained and preserved. Their mltural advancement
    to some extent may be modernised and progressed but they would not be
    oblivious to or ignorant of their customary and cultural past to establish
    their affinity to the membership of a particular tribe. [61-A-B-C]

E    .   Subhash Ganpatrao Kabade v.State of Maharashtra, Writ Petition No.
    438 of 1985, overruled.

           Marri Chander Shekhar Rao v. Dean Seth 0.S. Medical College and
    Ors., [1990] 3 S.C.C. 130 and Action Committee on issue of Caste Certificate
    of SCs and STs in the State of Maharashtra v. Union of India and Ors.,
F   decided on 18.7.1994 (W.P. No. 898/90), referred to.

          7. Often the plea of equities or promissory estoppel would be put
    forth for continuance and completion of further course of studies and
    usually would be found favour with the courts. The courts have constitu-
    tional duty and responsibility, in exercise of the power of its judicial ·review,
G   to see that constitutional goals set down in the Preamble, the fundamental
    rights and the Directive Principles of the Constitution, are achieved. A
    party that seeks equity, must come with clean hands. He who comes to the
                                                                                        -
    Court with false claim, cannot plead equity nor the court would be justified
    in exercising equity jurisdiction in his favour. There is no estoppel as no
H   promise of the social status is made by the State when a false plea was put
                      K.M. PATIL v. ADDL. COMMR.                          55
forth for the social status recognised and declared by the Presidential A
Order under the Constitution as amended by the SC and ST Amendment
Act, 1976, which is later found to be false. Therefore, the plea of promissory
estoppel or equity have no application. When it is found to be a case of
fraud played by the concerned, no sympathy and equitable considerations
can come to his rescue. Nor the plea of estoppel is germane to the beneficial B
constitutional concessions and opportunities given to the genuine tribes
or castes. Courts would be circumspect and vary in considering such cases.
                                                              (72-D·E·F·G]

       8. High Court is not a court of appeal to appreciate the evidence.
The Committee which is empowered to evaluate the evidence placed before C
it when records a finding of fact, it ought to prevail unless found vitiated
by judicial review of any High Court subject to limitations of interference
with findings of fact. The Committee when considers all the m~rial facts
and records a finding, though another view, as a court of appeal may be
possible, it is not a ground to reverse the findings. The Court has to see
whether the Committee considered all the relevant _material placed before D
it or has not applied its mind to relevant facts which have led the commit·
tee ultimately recorded the finding. Each case must be considered in the
backdrop of its own facts. [72·B·CJ

      9. No doubt there was a delay on the part of the Scrutiny Committee       E
in the disposal of the claims. In fact the delay in the process is inevitable
but that factor should neither be considered to be relevant nor be an aid
to complete the course of study. Since she has completed the entire course
except to appear for the final examination, no useful purpose would be
served to debar her from appearing for the examination of final year
M.B.B.S. Therefore, the cancellation of the social s!3tus certificate as        F
Mahadeo Koli fraudulently obtained by S is upheld but she be allowed to
appear for the final .year examination of MBBS course. However, this
direction should not be treated as a precedent in future cases to give any
similar directions since the same defeats constitutional goals.
                                                               (73-B·E·F·G]     G
      10. M did not approach the competent officer. She appears to have
wrongly gone to an officer who had no jurisdiction. Obviously, she had
shown the order issued by the High Court in favour of her sister and
secured the certificate and got the admission. Though she is in midway of
her study in B.D.S. in the end of second year, she cannot ~ontinue her          H
    56                    SUPREME COURT REPORTS (1994] SUPP. 3 S.C.R.

A studies with her social status as Mahadeo Koli. Therefore, the cancellation
    and confiscation of her social status certificate as Mahadeo Koli ordered
    by Scrutiny Committee and affirmed by Appellate Authority and that of
    the High Court in that behalf is upheld. [73-H; 74-A·B]

           11. The State is enjoined under our Constitution to provide facilities
                                                                                    ....
B   and opportunities for development of scientific temper, educational advan-
    cement and economic improvement of Scheduled Tribes so that they may
    achieve excellence, equality of status and live in dignity. However, it is
    common knowlegdge that endeavour of States to fulfil constitutional man·
    date of upliftment of Scheduled Castes and Scheduled Tribes by providing
C   for reservation of seates in educational institutions and for reservation of
    posts and appointments, are sought to be denied to them by unscrupulous
    persons who come forward to obtain the benefit of such reservations
    posing themselves as persons entitled to such status while in fact disen-
    titled to such status. The case in hand is a clear instance of such pseudo
    status. [64·B·E·F]
D
          U. Spurious tribes have become a threat to the genuine tribals and
    the present case is a typical example of reservation of benefits given to the
    genuine claimants being snatched away by spurious tribes. [67-E]

           13. The admission wrongiy gained or appointment wrongly obtained
E
    on the basis of false social status certificate necessarily has the effect of
    depriving the genuine Scheduled Castes or Scheduled Tribes or OBC
    candidates the benefits conferred on them by the constitution. The genuine
    candidates are also denied appointments for want of social status. certifi·
    cate. For streamlining the procedure for the issuance of social status
F   certificates, their scrutiny and their approval, the following guidelines are
    laid down :· [68-D, F]

          (a) The application for grant of social status certificate shall be
    made to the Revenue-Sub-Divisional Officer and Deputy Collector or
G   Deputy Commissioner and the certificate shall be issued by such officer
    rather than at the Officer, Taluk or Mandal level; [68-G]

           (b) The parent or the candidate shall file an affidavit with par·
    ticulars of castes and sub-castes, tribe, tribal community, parts or groups
    of tribes 9r tribal communities, the place from which he originally hails
H   from; [68-H, 69-A]
                      K.M. PATIL v. ADDL. COMMR.                           57

     (c) Application for verification of the caste certificate by the scrutiny   A
Committee shall be filed at least six months in advance before seeking
admission or an appointment to a post; [69-B]

       (d) All the State Governments shall constitute a Committee of three
officers, namely (I) an Additional or Joint Secretary; (II) the Director,
Social Welfare/Backward class Welfare, as the case may; and (Ill) in the         B
case of S~heduled Castes another officer who has intimate knowledge in
the verification and issuance of the social status certificates. In the case
the Scheduled Tribes, the Research Officer who has intimate knowledge in
identifying the tribes; [69-C]

      (e) Each Directorate should constitute a vigilance cell consisting of
                                                                                 c
Senior Deputy Superintendent of Police in over all charge and su~h number
of Police Inspectors to investigate into the social status claims; [69-D]

      (f) If the claim from social status is found to be "not genuine" or
"doubtful", on receipt of the report, the Director concerned should issued       D
show cause notice supplying a copy of the report of the vigilance officer to
the candidate through the head of the concerned educational institution
in which the candidate is studying or employed; [69-G-H; 70-A]

      (g) After giving opportunity either in person or through counsel, the
Committee may make such inquiry as it deems expedient and consider the           E
claims vis-a-vis the objections raised by the cadidate of opponent and pass
an appropriate order with brief reasons in support thereof; [70-C]

     (h) In case the report is in favour of the candidate and found to be
genuine and true, no further action need be taken; [70-D]
                                                                                 F
      (i) The inquiry should be completed as expeditiously as possible
preferably by day-to-day proceedings within such period not exceeding two
months. If the Scrutiny Committee finds the claim to be false, they should
cancel the certificate; [70-F]                            ·

      (j) In case of any delay in finalising the proceedings, and in the         G
meanwhile the last date for admission into an educational institution or
appointment to an officer post, is getting expired, the candidate be ad-
mitted on the basis of the social status certificate already issued. But it
should be only provision, subject to the result of the inquiry by the Scrutiny
Committee; [70-H; 71-B]                                                          H
    58                     SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.

A         (k) The order passed by the Committee shall be final and conclusive
    only subject to the proceedings under Article 226 of the Constitution; [71-B]

           (I) The High Court would dispose of these cases as expeditiously as
    possible within a period of three months. In case, as per its procedure, the
    matter is disposed of by a Single Judge, then no further appeal would lie
B   to the Divison Bench but subject to special leave under Article 136; [71-C]

           (m) In case, the certificate obtained or social status claimed is found
    to be false, the parent/candidate should be prosecuted for making false
    claim. Conviction and sentence of the accused should be regarded as an
C   offence involving moral turpitude, disqualification for elective posts or
    offices; [71-D]

           (n) The finding of the Scrutiny Committee holding that the certifi-
    cate obtained was false, on its cencellation and confiscation simultaneous-
    ly, should be communicated to the concerned educational institution or the
D   appointing authority with a request to cancel tbe admission or the appoint-
    ment; and [71-F]

         (o) Every state concerned should endeavour to give effect to this
    procedure. [71-H]

E            CIVIL APPELLAT-E JURISDICTION: Civil Appeal No. 5854 of
    1994.

         From the Judgment and Order dated 17.8.93 of the Bombay High
    Court in W.P. No. 1849of1993.

F            S. Ganesh, Zaki Ahmed Khan and Ashok Kr. Gupta for the Appel-
    lants.

         K. Madhava Reddy, AS. Bhasme and Ms. D. Bharathi Reddy for the
    Respondents.          /

G            The Judgment of the Court was delivered by

             K. RAMASWAMY, J. Leave granted.

         The appellants are Suchita and Madhuri, daughters of Laxman Pan-
    durang Patil. Their grandfather was Panduranga Patil. Laxman Patil was
H   admitted in the school in the year 1943. In his school admission register
           K.M. PATILv. ADDL. COMMR. [K. RAMASWAMY,J.]                    59

and his school and college certificates his caste was shown as "Hindu-Koli".    A
Suchita had applied through her father, Laxman Patil to the Tahsildar,
Andheri on November 30, 1989 for issuance of caste certificate as
"Mahadeo Koli" a Schedule Tribe. The Sub-Divisional Officer, Bombay
Sub-urban Dist. by his proceeding dated June 22, 1989 refused to issue
caste certificate sought for by Ms. Suchita and informed her that she was       B
not a Scheduled Tribe "Mahadeo Koli". She filed an appeal before the
Adell Commissioner, Konkan Division, Bombay. As she had applied for
admission into the M.B.B.S. course and the ti.JJie for her admission was
running out, she filed Writ Petition No. 3516 of 1990 in the High Court to
direct the Addi. Commissioner to dispose of her appeal and to further
direct to the Dean of D.Y.C. Naik Medical College to permit her to appear       C
for interview and admit her in the college if she was found fit. It is not in
dispute that she filed a copy of the judgment in Subhash Ganpatrao Kabade
v. State of Maharashtra, Writ Petition No. 438 of 1985, wherein 'Koli' was
held to be 'Mahadeo Koli', before the Addi. Commissioner and also in the
High Court. Because of the directions of the High Court she was admitted        D
in the M.B.B.S. course and she is continuing her studies. The Addi.
Commissioner directed the Tahsildar to issue the certificate and accord-
ingly issued to Miss Suchita the certificate as Scheduled Tribe. Miss
Suchita applied to the Verification Committee for confirmation of her
status as Scheduled Tribe. Madhuri applied for the issuance of Scheduled
Tribe certificate before the Divisional Executive Magistrate, Greater Born-     E
bay, enclosing the order passed by the High Court in Writ Petition No.
3516 of 1990, dated December 4, 1990, in favour of her sister Suchita, which
was issued on AuguSt 23, 1990 declaring her status to be "Mahadeo Koli"
and then she got the admission into B.D.S'. in the year i992. Therafter, she
applied to the Verification Committee for confirmation. The proceeding          p
by the Verification Committee was jointly conducted into the claims of the
appellants, initiated on December 8, 1989, the father of the appellants was
called upon to furnish in the prescribed form the detailed information
regarding his family background, ancestry; and anthropology of "Mahadeo
Koli", Scheduled Tribe, to verify the veracity of his claim of status as S.T.
                                                                                G
      Mahadeo Koll was declared to be a Scheduled Tribe by Bombay
Province as early as 1933 and the President of India declared in 1950 under
Art. 342, in consultation with the Govt. of Bombay (Maharashtra) and as
amended form time to time. Laksnian submitted the particulars alongwith
his school and college certificates, Junior College Certificate and school      H
    60                    SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.

A certificates of the appellants, the certificates of his sister and appellants'
   maternal aunt, Jyotsana Pandurang Patil dated March 3, 1978 and maternal
   uncle Balakrishna Pandurang Naik dated October 22, 1954 and a statement
   by the Caste Association. The Committee in their order dated June 26,
   1992 considered the entire evidence placed before them, the particulars
B furnished by their father in the proforma on their ancestry and other
   anthropological particulars and after hearing their counsel, found that the
   appellants are "Koli" by caste which is recognised as Other Backward Class,
   i.e. O.B.C. mthe State and that they are not 'Mahadeo Koli', the Scheduled
   Tribe and their claim for that social status was accordingly declared
   uiltenable. The certificates issued by the respective Executive Magistrates
C were cancelled and confisc:ated. Their appeal provided under the Rules too
   was heard by the Addl. Commissioner in Caste Appeal No. 11 of 1992 who
   by an elaborate order dated April 30, 1993 found that the certificate issued
  ·in favour of Balakrishna Pandurange Naik, maternal uncle, was from a
   Magistrate, Greater Bombay, who had no jurisdiction and was issued social
D status certificate without proper scrutiny. The certificate issued to Jyotsana
   by the Judicial Magistrate was on the basis of the school leaving certificate,
   ration card etc. and that, therefore, it does not provide any probative value
   to their status as Scheduled Tribe, the entries in school and college
   certificates of the appellants are not conclusive.

E          It is obvious that Judicial Magistrate has no jurisdiction to issue caste
    certificate and it is a void certificate. The entries in the school certificate
    of the father of the appellants, Laxm.an Patil, being pre-independence
    period, it bears ''great probative value" wherein he declared himself to be
    "Hindu Koli" which is now recognised as a backward class. The caste-
F   affirmation certificate issued by the Samaj "Caste Association" consists of
    these very communities who seek to get the status as Scheduled Tribes. It
    also does not; therefore, bear any probative value. School certificates and
    college certificates in favour of the appellants are the subject of enquiry,
    therefore, do not bear any value and independently their status is to be
    considered.
G
         The Committee as well the Addl. Commissioner relied upon a report
    of expert committee which had gone into the sociological, anthropology
    and ethnology of the Scheduled Tribes including "Mahadeo Koli" which
    formed the basis for the proforma questionnaire prepared by the Govern-
H   ment and as given to and answered by the father of the appellants. On the
           K.M. PATILv. ADDL. COMMR. [K. RAMASWAMY,J.]                    61

· basis of the information furnished b.y the father of the appellants and the A
  anthropological and ethnology findings in that behalf, the Addl. Commis-
  sioner, in our view rightly, held that an argument of social mobility and
  modernisation often alluringly put-forth to obviate the need to pass the
  affinity test is only a convenient plea to get over the crux of the question.
  Despite the cultural advancement, the genetical traits pass on from genera- B
  tion to generation and no one could escape or forget or get them over. The
  tribal customs are peculiar to each tribe or tribal communities and are still
  being ~aintained and preserved. Their cultural advancement to some
  extent may be modernised and progressed but they would not be· oblivion
  to or ignorant of their customary and cultural past to ~stablish their affinity
  to the membership of a particular tribe. The Mahadeo Koli a Scheduled C
  Tribe declared in the Presidential Notification 1950, itself is a tribe and is
  not a sub-caste. It is a hill tribe, may be like "Koya" in Andhra Pradesh.
  Kolis, a backward class, are fishermen by caste and profession and reside
  mostly in Maharashtra coastal area. Kolis have different sub castes.
  Mahadeo KoJis reside in hill regions, agriculture, agricultural labour and D
  gathering of minor forest produce and sale thereof is their avocation.
  Therefore, the cancellation of the social certificate issued by the concerned
  Executive Magistrates by the Scrutiny Committee was legal.

       The appellants' Writ Petition No. 1849 of 1993 was dismissed by the
 Division Bench by its Order dated August 17, 1993 with brief reasons. Sri· E
 Ganesh, the learned counsel for the appellants contended that in the
 affidavit filed by the appellant's father before the Verification Committee
 he has explained the circumstances in which he came to be described
 himself as Hindu Koli. Prior to 1950, there was no necessity to describe
 sub-caste. For the first time in 1976 under the Scheduled Castes Scheduled F
 Tribes Amendment Act, 1976, Mahadeo Koli was introduced as a
 Scheduled Tribe in the State of Maharashtra. The certificates issued to the
 maternal uncle Balakrishna Naik as Mahadeo Koli in the year 1954 and
 entries in his service record and to maternal aunt, Jyotsana in the year 1979
 probabalise the omission to describe Laxman Patil as Mahadeo Koli,
 though they, as a fact, belong to Scheduled Tribe. In the school registers G
 the appellants had enjoyed the status as Scheduled Tribe which provides,
 probative value. The committee, the Addl. Commissioner and the High
 Court had not appreciated the evidence in proper perspective before
 declining to confirm the social status of the appellants as Scheduled Tribes
 and the High Court ought to have gone into these aspects as was done in H
    ·62                    SUPREME COURT REPORTS [1994) SUPP. 3 S.C.R.
                                                                                 -
A Subhash Ganpatrao's case. It is further contended that Suchita has com-
     pleted her final year course of study. Madhuri is in midway and that,
     therefore, justice demands that their education should not be dislocated
     with the denial of the social status as Scheduled Tribes. The sheet anchor
     for the counsel's argument is the judgment of the Division Bench of the
B    Bombay High Court in Subhash Ganpatrao Kabade's case. We find no
     force in the contentions.

           From the counter affidavit filed by the State which has not been .
     disputed by filing any rejoinder and as is borne out from the public·
     Notification issued by the President in the year 1950 in exercise of the
C    power· under Art. 342 read with Art. 366(25) of the Constitution that
     Mahadeo Koli is declared as a Scheduled Tribe. Art. 366.(25) defines
     Scheduled Tribes, as meaning such tribes or tribal communities or parts of
     or groups within such tribes or tribal communities as are declared under
     Art. 342 to be Scheduled Tribes for the purposes of the Constitution. Art.
D    342 gives power to tlie President to specify the tribe with respec:t to any
     State or Union Territory, after consultation with the Governor where it is
     a State, by public notification, specify the tribes or tribal communities or
     parts of or groups within tribes or tribal communities which shall, for the
     purposes of the Constitution, be deemed to be Scheduled Tribes in relation
     to that State or Union territory, as the case may be.
E
            In Marri Chander Shekhar Rao v. Dean, Seth G.S. Medical College &
     Ors., [1990) 3 SCC 130, this Court declared that subject to the law made
     by the Parliament under sub-s.(2) of s. 342, the tribes or tribal communities
     or parts of or goups within. tribes or tribal communities specified by the
F    President by a public notification shall be final for the purpose of the
     Constitution. They are the tribes in relation to that State or Union Territory
     and that any tribe or tribes or tribal communities or parts of or groups
     within such tribe or tribal communities, not specified therein in relation to
     that state, shall not be Scheduled Tribes for the purpose of the Constitu-
     tion. The father of one Chander Shekhar Rao who hailed from Tenali in
G    Guntur Dist. of Andhra Pradesh is a Settibalija by caste which is recognised
     as a backward class. His father obtained a certificate from the Tahsildar,
     Tanali that he belonged to Scheduled Tribe and had got an appointment
     in a public undertaking of Bombay. On the basis of social status certificate
     obtained by his father and entries in service record of his father, he applied
H    for admission into medical college as Scheduled Tribe. When he was not
               K.M. PATIL v. ADDL. COMMR. [K. RAMASWAMY, J.]                  63-
     adlliitted, he filed the writ petition in this Court under Art. 32 seeking a A
     declaration that Settibalija though was not declared to be Schedtiled Tribe
     in Maharashtra it was a Scheduled Tribe for the purpose of the Constitu-
     tion and that he was entitled to the admission into the medical college on
     the basis of his social status as a Scheduled Tribe. This Court did not
     uphold the contention. This court held that the declaration by the President B
     by a public notification in relation to a State in consultation with the
     Governor of that State is conclusive and court cannot give such a declara-
     tion. The same view was reiterated by another Constitution Bench in Action
     Committee on issue of Caste Certificate of SCs and STs in the State of
     Maharashtra v. Union of India & Ors., decided on Jtily 18, 1994 in W.P. No.
     898/90.                                                                        c
            The Preamble to the Constitution promises to secure to every citizen
     social and economic justice, equality of status and of opportunity assuring
     the dignity of the individual. The Scheduled Tribes are inhabitants of
     intractable terrain regions of the country kept away from the main stream D
     of national life and with their traditional moorings and customary beliefs
     and practices, they are largely governed by their own customary Code of
     Conduct regulated from time to time with their own rich ctiltural heritage,
     mode of worship and c\lltural ethos. The Constitution guarantees to them
     who are also Indian citizens of equality before law and the equal protection E
     of law. Though Arts. 14 and 15(1) prohibits discrimination among citizens
     on certain grounds, Art. 15(4) empowers the State to make special
     provisions for advancement of Scheduled Castes and Scheduled Tribes.
..   Art. 16(1) requires equality of oppor.t:unity to all· citizens in matters of
     appointments to an office or a post under the Union or a State Govt. or
     public undertakings etc. But Art.16(4) empowers the State to make
                                                                                    F
     provision for reservation of appointments or posts in favour of classes of
     citizens not adequately represented in the services under the State. Art. 46
     enjoins the State by mandatory language employed therein, to promote
     with special care the educational or economic interest of the Scheduled
     Tribes and Schedtiled Castes and to protect them from 'social injustice' G
     and 'all forms of exploitation'. Art.51A(h) enjoins every citizen to develop
     scientific temper, humanism and the spirit of inquiry and reform. Again
     Art. 51A(h) requires every citizen is strive towards excellence in all spheres
     of individual and collective activity so that the nation constantly rises to
     higher levels of endeavour and achievement. It is, therefore, a fundamental H
    64                    SUPREME COURT REPORTS [1994] SUPP. 3 S.C.R.

A duty of every citizen to develop scientific temper and humanism and spirit
  of inquiry to reform himself in \ris onward thrust or his strive to improve
     excellence in all spheres of individual and collective activity. Since the
     Scheduled Tribes are a nomadic class of citizens whose habitants being
     generally hilly regions or forests, results in their staying away from the        •r I



B    main-stream of the national life. Therefore, the State is enjoined under our
     Constitution to provide facilities and opportunities for development of
     their scientific temper, educational advancement and economic improve-
     ment so that they may achieve excellence, equality of status and live in
      dignity. Reservation in admission to educational institutions and employ-
     ment are major State policies to accord to the tribes, social and economic
c
     justice apart from other economic measures. Hence, the tribes, by reason.
     of States' policy of reservation, have bee.n given the exclusive right to
      admission into educational institutions or exclusive right to employment to
     an office or post under the State etc. to the earmarked quota. For availment
      of such exclusive rights by citizens belonging to tribes, the President by a
D
     Notification specified the Scheduled Tribes or tnbal communities or parts
      or groups of tnbes or tribal communities so as to entitle them to avail of
     such exclusive rights. The Union of India and the State· Governments have
     prescnbed the procedure and h~ entrusted duty and responsibility to
     Revenue officers of gazetted cadre to issue social status certificate, after
E   .due verification. It is common knowledge that endeavour of States to fulfill
     constitutional mandate of upliftment of Scheduled Castes and Scheduled
     Tnbes by providing for reservation of seats in educational institutions and
     for reservation of posts and appointments, are sought to be denied to them
     by unscrupulous persons who come forward to obtain the benefit of such
F    reservations posing themselves as person entitled to such status while in
     fact disentitled to such status. The case in hand is a clear instance of such
     pseudo status. Kolis have been declared to be OBC in the State of
     Maharashtra being fishermen, in that their avocation is fishing and they live
     inainly in the coastal region of Maharashtra. Mahadeo Kolis are hill tnbes
G    and it is not a sub-caste. Everi' prior to independence, the Maharashtra
     Govt. ~lared Mahadeo Koli to be criminal tribe as earlier as May 29;
     1933 in serial No. 15 in List II thereof. In 1942 resolution in serial No. 15
                                                                                     411.
    in Schedule B of the Bombay resolution Mahadeo Koli tribe was notified
    as a Scheduled Tnbe. It was later amended as serial No. 13. In the
H   Presidential Scheduled Castes/Scheduled Tribes Order . 1950, it was
               K.M. PATILv. ADDL. COMMR. [K. RAMASWAMY,J.)                     65

     reiterated. A slight modification was made in that behalf by the Presidential A
     Notification dated October 29, 1956. _In 1976 Amendment Act, there is no
     substantial change except removing the area restriction. Thus Mahadeo
     Koll, a Scheduled Tribe continued to be a Scheduled Tribe even after
-,
     independence. The Presidential Notification 1950 also does recognise by
     public notification of their status as Scheduled Tribes. The assumption of B
     the Division Bench of the Bombay High Court in Subhash Ganpatrao
     Kabade's case, that Mahadeo Koll was recognised for the first time in 1976
     under Amendment Act, 1976, as Scheduled Tribe is not relatable to reality
     and an erroneous assumption made without any attempt to investigate the
     truth in that behalf. Presidential declaration, subject to amendment by the C
     Parliament being conclusive, no addition to it or declaration of castes/tribes
     or sub-castes/parts of or groups of tribes or tribal communities is permis-
     sible.

            The entries in the school register preceding the Constitution do
     furnish great probative value to the declaration of the status of a caste. D
     Hierarchical caste stratification of Hindu social order has its reflection in
     all entries in the public records. What would, therefore, depict the caste
     status of the people inclusive of the-school or college records, as the then
     census rules insisted upon. Undoubtedly, Hindu social order is based on
     hierarchy and caste is one of the the predominat factors during pre-con- E
     stitution period. Unfortunately instead of dissipating its incursion it is being
     needlessly accentuated, perpetrated and stratification is given legitimacy
     for selfish ends instead of being discouraged and put an end by all
     measures, including administrative and legislative. Be it as it may, people
     are identified by their castes for one or the other is a reality. Therefore, it p
     is no wonder that caste is reflected in relevant entries in the public records
     or school or college admission register at the relevant time and the certifi-
     cates are issued on its basis. The father of the appellants admittedly
     described himself in 1943 and thereafter as a Hindu Koll. In other words
     his status was declared a Koli by caste and Hindu by religion. Kolis are
     admittedly OBCs. His feigned ignorance of the ancestry is too hard to G
     believe. The averment in the affidavit that the entries were mistakenly made
     as Hindu Koli is an obvious afterthought. The anthropological moorings
     and ethnological kinship affirmity gets genetically ingrained in the blood
     and no one would shake off from past, in particular, when one is conscious
     of the ne~~ ?f preserving its relevance to seek the status of Scheduled Ttibe H
    66                    SUPREME COURT REPORTS [1994) SUPP. 3 S.C.R.

A   or Scheduled Caste recognised by the Constitution for their upliftment in
    the Society. The ingrained Tribal traits peculiar to each Tribe and
    anthropological .features all the more become relevant when the social
    status is in acute controversy and needs a decision. The correct projectives
    furnished in proforma and the material would lend credence and given an
    assurance to properly consider the claims of the social status and the
B
    concerned officer or authority would get an opportunity to test the claim
    for social status of particular caste or tribe or tribal community or group
    or part of such caste, tribe or tribal community. It or he would reach a
    satisfactory conclusion on the claimed social status. The father of the
    appellant has failed to satisfy the crucial affinity test which is relevant and
C   germane one. On the other hand the entries in his school and college
    registers as Hindu Koli positively belies the claim of his social status as
    Scheduled Tribe.

            It is seen that admittedly the appellants reside in Muland area. In
D    the first instance Suchita rightly approached the Tahsildar hliving jurisdic-
     tion over the concerned area who refused to give her social status cer.tifi-
     cate as Mahadeo Koli, she filed an appeal and the High Court directed the
     Deputy Commissioner to dispose of the appeal who in turn without decid-
     ing the facts, directed the Tahsildar to issue the certificate. In the
E    meanwhile she had, by orders of the Court, got admission into the college
    ·and pursued her study. The Caste Certificate Scrutiny Committee, consist
     of the Secretary as Chairman and two members, and a Research Offi.cer-
     cum-Director who have intimate knowledge in the identification of the
     specified Tribes, considered the entire material. The Committee has stated
     and as is seen that the appellant's father clearly accepted that his caste is
F    recorded in the college as well as secondary school and college records as
     Hindu Koli only. This fact is strengthened by the candidate's father's school
     record (Document at St. No.1). In the new English School locality at
     Thane, the name of the candidate's father appeared in the Admission
     Register at Sr. No. 3733, and the caste clearly shown there was as H. Koli.
G    This school record, comparatively, is not only oldest but it being the record
     pertaining to candidate's father's admission to school prior to inde-
     pendence, it carries greatest probative evidentiary value. The caste of the
     person, as stated earlier, is determined on the basis of the caste of their
     parents, basically for the reasons that the caste is acquired by birth. When
H    the School record of the candidate's father shows liis caste as Koli, the
          K.M.PATILv.ADDL.COMMR.[K.RAMASWAMY,J.)                      • 67

documets which the ·c:andidates have produced (documents quoted· at Sr. A
Nos. 3, 5 to 8, 11, 13 ·to 16) showing their caste as Mahadeo Koli cannot
be relied upon. All these documents furnished by the candidates are those
manipulated and fabricated with to knock of the seats in educational
institutions defreauding the true Sc~eduled Tribes to their detriment and
deprivation. As the school record of the candidate's father shows his caste B
as 'Koli', the caste certificates which have been issued to the appellants and
their relatives by the Executive Magistrate, Greater Bombay (Documents
at SI. Nos. 9, 10, 12, 17 to 19) are without proper enquiry and investigation,
besides being without jurisdiction. Its reiteration in service record would
not carry any credibility or a ground to accept the caste as Scheduled Tribe. C
The caste certificate issued by Samaj being self-serving and subject to
scrutiny, they cannot be held to be conclusive proof to determine the caste
claim. The finding recorded by the Committee is based on consideration
of the entire material together with sociological, anthropological and eth-
nological perspectives which Mahadeo Kolis enjoy and of the OBC castes
and sub-caste of the Kolis. The Addi. Commissioner as well, has minutely D
gone into all the material details and found that when a section of the
society have started asserting themselves as Tribes and try to earn the
concession and facilities reserved for the .scheduled Tribes, the tricks are
common and that, therefore, must be judged on legal and ethnological
basis. Spurious tribes have become a threat to the genuine tribals and the E
present case is a typical example of reservation of benefits given to the
genuine claimants have been snatched away by spurious tribes. On con-
sideration of the evidence, as stated earlier, both the Committee and the
appellante authority found as a fact that the appellants are- not tribe,
'Mahadeo Koli' entitled to the Constitutional benefits. In .Subhash Gan- F
patrao Kabade's case, the approach of the Divisiot?- Bench of the High
Court appears to be legalistic in the traditional mould totally oblivion of
the anthropological and ethnological perspectives and recorded their find-
ings with unwarranted strictures on the approach rightly adopted by the
Scrutiny Committee and the Addi. Commissioner to be "(funny)" "obviously
 incorrect" and "queer reasoning". Admittedly the petitioner therein, in days G
preceding the Constitution, described himself in the service book as well
 as school leaving certificate as a Hindu Kali. The High Court also found
 that they were backward class but proceeded on the erroneous footing that
 Mahadeo Koli was introduced for the first time through 1976 Amendment
                                                                             H
    68                    SUPREME COURT REPORTS (1994) SUPP. 3 S.C.R.

A Act and that, therefore, they were the genuine Scheduled Tribes entitled
    to the benefits. In view of the above, we cannot help holding that the
    reasoning of the High Court is wholly perverse and untenable.

          We have seen that Scrutiny Committee proceedings although started         .,--
    on December 8, 1989 and were prolonged till June 26, 1992. We do not
B   have record to scan the reasons for the delay. It would appear that the
    Constitution of a Committee with large number of members and Secretary
    as Chairman must have greatly contributed for the delay in deciding the
    claims for the social status. A right of appeal provided thereafter com-
    pounded further delay though the Addi. Commissioner on the facts of this
c   case has disposed of the appeal very expeditiously. However, all of them:
    are the contributory factors for the delay.

         The admission wrongly gained or appointment wrongly obtained on
  the basis of false social status certificate necessarily have the effect of
  depriving the genuine Scheduled Castes or Scheduled Tribes or OBC
D candidates as enjoined in the Constitution of the benefits conferred on
  them by the constitution. The genuine candidates are also denied admission
  to educational institutions or appointments to office or posts under a State
  for want of social status certificate. The ineligible or spurious persons who
  falsely gained entry resort to dilatory tactics and create hurdles in comple-
E tion of the inquiries by the Scrutiny Committee. It is true that the applica-
  tions for admission to educational institutions are generally made by a
  parent, since on that date many a time the student may be a minor. It is
  the parent or the guardian who may play fraud claiming false status
  certificate. - It is, therefore, necessary that the certificates issued are
  scrutinised at the earliest and with utmost expedition and promptitude. For
F that purpose, it is necessary to streaniline the procedure for the issuance
  of a social status certificates, their scrutiny and their approval, which may
  be the following :

          1. The application for grant of social status certificate shall be made
    to the Revenue-Sub-Divisional Officer and Deputy Collector or Deputy
G   Commissioner and the certificate shall be issued by such Officer rather         .
                                                                                    ,,-

    than at the Officer, Taluk or Mandal level.

            2. The parent, guardian or the candidate, as the case may be, shall
    file ·an affidavit duly sworn and attested by a competent gazetted officer or
H   non-gazetted officer with particulars of castes and sub-castes, tribe, tribal




                                                                        ..
          K.M.PATILv. ADDLCOMMR. [K.RAMASWAMY,J.)                        69

community, parts or groups of tribes or tribal communities, the place from A
which he originally hails from and other particulars as may be prescribed
by the concerned Directorate.

     3. Application for verification of the caste certificate by the Scrutiny
Committee shall be filed at least siX months in advance before seeking
admission into educational institution or an appointment to a post.           B
       4. All the State Governments shall constitute a Committee of three
officers, namely, (I} an Additional or Joint Secretary or any officer higher
in rank of the Director of the concerned department, (II) the Director,
Social Welfare{fribal Welfare/Backward Class Welfare, as the case may,
and (III} in the case of Scheduled Castes another officer who has intimate C
knowledge in the verification and issuance of the social status certificates.
In· the case the Scheduled Tribes, the Research Officer who has intimate
knowledge in identifying the tribes, tribal communities, parts of or groups
of tribes or tribal communities.
                                                                              D
        5. Each Directorate should constitute a vigilance cell consisting of
Senior Deputy Superint~ndent of Police in over all charge- and such num-
ber of Police Inspectors to investigate into the social status claims. The
Inspector would go to the local place of residence and origmal place from .
which the candidate ham and usually resides or in case of migration to the
town or city, the place from which he originally hailed from. The vigilance E
officer should personally verify and collect all the facts of the social status
claimed by the canQidate or the parent or guardian, as the case may be.
He also should examine the school records, birth registration, if any. He
should also examine the parent, guardian or the candidate in relation to
their caste etc. or such other persons who have knowledge of the social
status of the candidate and then submit a report to the Directorate together F
with all particulars as envisaged in the proforma, fu particular, of the
Scheduled Tribes relating to their peculiar anthropological and ethnologi-
cal traits, daiety, rituals, customs, mode of marriage, death ceremonies,
method of burial of dead bodies etc. by the concerned castes · or tribes or
 tribal communities etc.                                                        G
       6. The Oirector concerned, on receipt of the· report from the
vigilance officer if he found the claim for social status to be "not genuine" ·
or "doubtful" or spurious or falsely or 'Wrongly claimed, the Director
concerned should issue show cause notice supplying a copy of the report
of the vigilance officer to the candidate by a registered post. with acknow- H
     70                    SUPREME COURT REPORTS (1994) SUPP. 3 S.C.R.

A ledgement due or through the head of the concerned educational institu-
     tion in which the candidate is studying or employed. The notice should
     indi~te that the representation or reply, if any, would be made within two
     weeks from the date of the receipt of the noti~ and in no case on request
     not more than 30 days from the date of the receipt of the notice. In case,
     the candidate seeks for an opportunity of hearing and claims an inquiry to
B    be made in that behalf, the Director on receipt of such representation/reply
     shall convene the. committee and the Joint/Addl. Secretary as Chair-person
     who shall give reasonable opportunity to the candidate/parent/guardian to
     adduce all evidence in support of their claim. A public notice by beat of
     drum or any other convenient mode may be published in the village or
C    locality and if any person or association opposes such a claim, an· oppor-
     tunity to adduce evidence may be given to him/it. After giving such oppor-
     tunity either in person or through counsel, the Committee may make such
     inquiry as it deems expedient and consider the claims vis-a-vis the objec-
     tions raised by the candidate or opponent and pass an appropriate order
     with brief reasons in support thereof.
D
           7. In case the report is in favour of the candidate and found to be
     genuine and true, no further action need be taken except where the report
     or the particulars given are procured or found to be false or fraudulently
     obtained and in the latter event the same procedure as is envisaged in para
     6 be followed.
E
             8 .. Notice contemplated in para 6 should be issued to the parents/
      gwi;dian also in case candidate is minor to appear before the Committee
      with all evidence in his or their support of the claim for the social status
    , certificates.

F          9. The inquiry should be completed as expeditiously as possible
     preferably by day-to-day proceedings within such period not exceeding two
     months. If after inquiry, the caste Scrutiny Committee finds the claim to
     be false or spurious, they should pass an order cancelling the certificate
     issued and confiscate the same. It should communicate within one month
G    from the date of the conclusion of the proceedings the result of enquiry to
     the parent/guardian and the applicant.

           10. In case of any delay in finalising the proceedings, and in the
     meanwhile the last ·date for admission into an educational institution or
     appointment to an officer post, is getting expired, the candidate be ad-
H    mitted by the Prid.cipal or such other authority competent in that behalf or
           K.M. PATILv. ADDL.COMMR. [K.RAMASWAMY,J.)                      .71

appointed on the basis of the social status certificate already issued or an    A
affidavit duly sworn by the parent/guardian/candidate before the com-
petent officer or non-official and such admission or appointment should be
only provisional, subject to the result of the inquiry by the Scrutiny Com-
mittee.

      11. The order'lpassed by the Committee shall be final and conclusive      B
only subject to the proceedings under Article 226 of the Constitution.

       12. No suit or other proceedings before any other authority should
lie.

      13. The High Court would dispose of these cases as expeditio~ly as
                                                                                c
possible within a period of three months. In case, as per its procedure, the
writ petition/Miscellaneous. petition/matter is disposed of by a Single
Judge, then no further appeal would lie against that order to the Division
Bench but subject to special leave under Article 136.
                                                                                D
      14. In case, the certificate obtained or social statu8 claimed is found
to be false, the parent/guardian/the candidate should be prosecuted for
making false claim. If the prosecution ends in a conviction and sentence of
the accused, it could be regarded as an offence involving moral turpitude,
disqualification for elective posts or offices under the State or the Union     E
or elections to any local body, legislature or the Parliament.

      15. As soon as the finding is recorded by the Scrutiny Committee
holding that the certificate obtained was false, on its cancellation and
confiscation simultaneosly, it should be communicated to the concerned
educational institution or the appointing authority by registered post with     F
acknowledgement due with a request to cancel the admission or the
appointment. The principal etc. of the educational institution responsible
for making the admission or the appointing authority, should cancel the
admission/appointment without any further notice to the candidate and
debar the. candidate for further study or continue in office in a post.         G

       Since this procedure could be fair and just and shorten the undue
delay and also prevent avoidable expenditure for the State on the education
of the candidate admitted/appointed on fals~ social status or further con-
tinuance therein, every State cone(frned should endeavour to give effect to
it. and see that the constitutional objectives intended for the benefit and     H
    72                    SUPREME COURT REPORTS (1994] SUPP. 3 S.C.R.

A   advancement of the genuine Scheduled Castes/Scheduled Tribes or back-
    ward classes, as the case may be are n?t defeated by unscruplulous persons.

         The question then is whether the approach adopted by the High
  Court in not elaborately considering the case is vitiated by an error of law.
  High Court is not a court of appeal to .appreciate the evidence. -The
B Committee which is empowered to evaluate the evidence placed before it
  when records a finding of fact, it ought to prevail unless found vitiated by
  judicial review of any High Court subject to limitations of interference with
  findings of fact. The Comttee when considers all the material facts and
  record a finding, though another view, as a court of appeal may be possible,
C it is not a ground to reverse the findings. The Court has to see whether the
  Committee considered all the relevant material placed before it or has not'
  applied its mind to relevant facts which have led the committee ultimately
  recorded the finding. Each case must be considered in the backdrop of its
  own facts.

D       Whether appellants are entitled to their further continuance in the
  studies is the further question. Often the plea of equities or promissory
  estoppel would be put-forth for continuance and completion of further
  course of studies and usually would be found favour with the courts. The
  courts have constitutional duty and responsibility, in exercise of the power
E of its judiCial review, to see that constitutional goals set down in the
  Preamble, the fundament~ rights and the Directive Principles of the
  Constitution, are achieved. A party that seeks equity, must come with clean
  hands. He who comes to· the Court with false claim, cannot plead equity
  nor the court would be justified to exercise equity jurisdiction in his .favour.
  There is no estoppel as no promise of the social status is made by the State
F when a false plea was put-forth for the social status recognised and
  declared by the Presidential Order under the Constitution as amended by
  the SC & ST. Amendment Act, 1976, which is later found to be false.
  Therefore, the plea of promissory estoppel or equity have no application.
  When it is found to be a case of fraud played by the concerned, no
  sympathy and equitable considerations can come to his rescue. Nor the
G plea of estoppel is germane to the beneficial constitutional concessions and
  opportunities given to the genuine tribes or castes. Courts would be cir-
  cumspect and vary in considering such cases.

          We have seen that Miss Suchita rightly made an application before
H the competent offic~r within whose jurisdiction her father lives in Mul~d
          K.M.PATILv. ADDL. COMMR. [K.RAMASWAMY,J.]                     73

and when he refused to give the certificate, she filed an appeal; approached A
the High Court and obtained direction and gained admission. It is not in
dispute that the Addi. Commissioner was delaying it; he did not decide as
directed by the High Court, instead directed the Tahsildar to issue the
certificate. Thus she secured a false social status certificate and orders of
the court"are used to gain admission. The judicial process is made use of B
secure admission. She continued her studies thereafter pending scrutiny of
her status certificate. No doubt there was a delay on the part of the Scrutiny
Committee in the disposal of the claims and w.e do not find any record to
scan the reasons for the delay. Suffice to state that her parents have put
her under a cloud as to her social status. But as seen from the facts a course
of conduct was adopted by her parents to gain admission on the claim C
which is now found to be false. Parents misconduct visits the children also
many a times. However, she has now completed the course of study except
to appear ·for the final year as contended for her and nothing more is to
be done in the situation for her to complete her course of study. We direct
the Principal to permit her to sit for the final year examination, if she has D
completed the course of study as represented to us but not with the social
status as a Scheduled Tribe which was claimed fraudulently and made her
admission with the aid of the court's order and continue her studies. The
delay in disposal facilitated her continuance in study of M.B.B.S. Course.

       The delay in the process is inevitable but that factor should neither E
be considered to be relevant nor be an aid to complete the course of study.
But for the fact that she has completed the entire course except to appear
for the final exaillination, we would ~ve directed to debar her from
prosecuting tli.e studies and appearing in the e:xamhi.ation. In this factual
situation no useful purpose would be served to debar her from appearing F
for the examination of final year M.B.B.S. Therefore, we uphold the
cancellation of the social status as Mahadeo Koli fraudulently obtained by
Km. Suchita Laxman Patil, but she be allowed to appear for the final year
examination of M.B.B.S. cour~e. She will not, however be entitled in future
for any benefits on the basis of the fraudulent social status as Mahadeo
Koli. However, this direction should not be treated and used as a precedent G
in future cases to give any similar directions since the same defeats con-
stitutional goals.

    In the case of Madhuri Laxman Patil, she did not approach the
competent officer. She appears to have wrongly gone to an officer who had    H
    74                    SUPREME COURT REPORTS (1994) SUPP. 3 S.C.R.

A no jurisdiction, obviously she has shown the order issued by the High Court
    in favour of her sister Suchita and secured the certificate and got the
    admission. Though she is in midway of her study in B.D.S. in the end of
    second year, she cannot continue her studies with her social status as
    Mahadeo Koli, a Schedule Tribe and the concessions which she might have
B   got on that account. If she was eligible for obtaining admission as a general
    candidate she may continue her studies. Therefore, we uphold the cancel-
    lation and confiscation of her and of Suchita of social status as Mahadeo
    Koli ordered by Scrutiny Committee and affirmed by the order of Appel-
    late Authority and that of the High Court in that behalf. Subject to the
    above modifications, the appeal is dismissed but without costs.

    T.NA.                                                     Appeal dismissed.




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