Constitution of India, 1950: Articles 342 and 366(25).

Scheduled Tribes Hindu-Kolis' of Maharashtra held belonging to 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 precon- 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-Guidelines for issuance of social status certificate laid down.

Presidential Scheduled Castes/Scheduled Tribes Order, 1950-Presidential order Declaration of category of persons as Scheduled Castes) Scheduled Tribes Held conclusive in nature.

Social Status Certificate Findings of Verification Committee Court's interference with Held not permissible unless vitiated by error of law or non-application of mind.

S applied to the Tehsildar, Andheri for issuance of a caste certificate as Mahadeo Koli' Scheduled Tribe. Sub Divisional Officer, Bombay Sub-Urban District refused to issue the certificate informing her that she was not a Scheduled Tribe. She filed an appeal before the Addl. Commissioner, Konkan Division, Bombay. Since she had applied for M.B.B.S. admission and the time for the same was running out, she filed a writ petition in the High Court for direction to the Addl. Commissioner to dispose of her appeal and for a further direction to the Medical College to admit her if found fit. Before the Additional Commissioner and also in 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 'Koli' was held to be 'Mahadeo Koll' le. Scheduled Tribe. The High Court directed the Addl. Commissioner to dispose of the appeal who in turn directed the Tehsildar to issue a certificate which was accord- 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.

The Verification Committee jointly considered the claim of both the sisters and called upon their father to furnish detailed information regarding his family background, ancestry and anthropology of "Mahadeo Koli" to verify their claim of status as Scheduled Tribe. Appellant's father, who was admitted in the school in 1943 and in his school admission register as 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 Addl. Commissioner found the certificate issued in favour of appellants' maternal uncle, was from a 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 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 Koll. 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, 1976, 'Mahadeo Koli' was introduced as a Scheduled Tribe in the State of Maharashtra. The certificates issued to the maternal uncle as Mahades Koli in the year 1954 and entries in his service record and to maternal Caunt, in the year 1979 probabalise the omission to describe him as Mahadeo Koll, though they, as a fact, 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 Addl. Commissioner and the High Court had not ap preciated the evidence in proper perspective before declining to confirm the social status of the appellants.

If was further contended that S has completed her final year course of study and M 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.

Dismissing the appeals, this Court