Can't Deny Scheduled Tribe Certificate Merely Because Either The Father Or Mother Is Non-Tribal: Calcutta High Court Grants Relief To NEET Aspirant

The aspirant for the NEET entrance examination and her mother had approached the High Court after the application for obtaining the Scheduled Tribe certificate was rejected.

Reiterating that the Constitution of India itself has provided and protected certain rights of the Scheduled Tribes, the Single Bench of Justice Aniruddha Roy said, “The law on the subject prescribe that several factual factors are required to be considered to decide whether an individual can be considered as Scheduled Tribe or not. Merely because only either of the father or mother being non-tribal, one cannot be denied, the Scheduled Tribe certificate.”

Senior Advocate Anjili Nag represented the Petitioners, while Advocate Babita Das represented the Respondent.

Factual Background

The first petitioner is the mother, and the second petitioner is the daughter, who is the aspirant for the NEET entrance examination. It was the grievance of the petitioner that, despite the application being submitted through online mode for obtaining the Scheduled Tribe certificate, it was not considered and was kept pending. At this juncture, this petition was filed. The High Court earlier passed an order directing the fourth respondent, the jurisdictional Tehsildar, to decide the issue based on the application submitted by the petitioner and to pass a reasoned order.

However, the Petitioner’s request for the grant of Schedule Tribe certificate was rejected. One of the grounds for such direction was that the first petitioner, being the mother of the second petitioner, though belonged to the Schedule Tribe, her father belonged to a forward community. Since the first petitioner was brought up in a forward community without any acquaintance with the tribal community, the application was rejected. Aggrieved thereby, the Petitioners approached the High Court.

Reasoning

The Bench noted that once the Scheduled Tribe community has been recognized with protection of their rights under the Constitution of India, an individual when applies for his/her Scheduled Tribe certificate, it is the right of such an individual to be considered in accordance with law and if ultimately he/she succeeds in the process, it is his/her constitutional right to receive Scheduled Tribe certificate.

On a perusal of the declaration passed in favour of the petitioner-candidate, the Bench noticed that the necessary fact-finding inquiries had duly been made by such authorities and then only the said declaration was issued. No contemporaneous material was produced by the respondents to controvert the finding of the appropriate authorities about their satisfaction before issuing such a declaration. It was also not alleged that the said declaration was obtained by the petitioners by practicing fraud upon the appropriate authorities.

“When a declaration was made by the appropriate authority recommending the petitioner no.2 and found her to be eligible to receive the Scheduled Tribe certificate, a valuable right was created in favour of the petitioner no.2 for obtaining the necessary certificate. Such right has also been recognized by the Constitution of India. Such right cannot be taken away unilaterally in the manner and mode it has been done merely by issuing the said communication dated December 21, 2024”, it held.

Granting Scheduled Tribe certificate is an executive action following the relevant rules and regulations framed for such purpose. Admittedly, in the facts of the instant case, when the petitioner candidate applied for obtaining the Scheduled Tribe certificate to the writ petition, a certificate or declaration was issued in her favour by the Head of the Village, by the Head of the Tuhet and the Secretary of the concerned Tribal Council. Such declaration also had the seal and signature of the Secretary of the jurisdictional Tribal Council. Thus, the Bench quashed the decision of the Chairman of the concerned Tribal Council to withdraw the recommendation for issuing the Scheduled Tribal certificate in favour of the candidate unilaterally.

Allowing the Petition, Bench set aside the decision of the Tehsildar and ordered, “Considering the urgency involved in the writ petition, as already narrated above, the jurisdictional Tehsildar, being the respondent no.4, is directed to issue the necessary Scheduled Tribe certificate in favour of the petitioner no.2 positively within 24 working hours from the date and time of communication of this judgment and order but not later than the closing of working hours on March 01, 2025.”

Cause Title: Smt. Nazreen Banu and Another v. The Andaman and Nicobar Administration and Others (Case No.: WPA/653/2024)

Appearance:

Petitioner: Senior Advocate Anjili Nag, Advocate Adarsh Ilango

Respondent: Advocate Babita Das

Click here to read/download Order