The Calcutta High Court, in a landmark ruling, has upheld the right of an individual to obtain a Scheduled Tribe (ST) certificate, even if only one parent belongs to a Scheduled Tribe. The case involved a NEET aspirant who was denied the ST certificate despite being eligible under legal provisions.
The judgment was passed by Justice Aniruddha Roy, sitting at the Circuit Bench in Port Blair. The court ruled that an individual cannot be refused an ST certificate simply because their father or mother belongs to a non-tribal community.
"The law on the subject prescribes that several factual factors must be considered to determine whether an individual can be categorized as Scheduled Tribe or not. Merely because either the father or mother is non-tribal, the Scheduled Tribe certificate cannot be denied."
Background of the Case
The petitioner, an aspiring medical student, had applied for an ST certificate as part of her eligibility for the NEET examination. Despite submitting her application online on September 5, 2024, her request was kept pending. Even after multiple representations in the prescribed format, her application was rejected by the Tehsildar.
The rejection was based on the fact that while her mother belonged to a Scheduled Tribe, her father belonged to a forward community. The authorities reasoned that since she was raised in a non-tribal environment, she could not be considered a member of the Scheduled Tribe community.
The petitioners, through their senior counsel, challenged the rejection and argued that the cancellation of the certificate was done unilaterally and without proper notice. They contended that such an action was bad in law and violated the petitioner's constitutional rights.
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The court noted that the Constitution of India explicitly protects the rights of Scheduled Tribes. It emphasized that once an individual applies for an ST certificate and fulfills the necessary legal conditions, it is their constitutional right to be considered for the certificate.
The respondents argued that various factors, including social upbringing and financial status, must be considered while granting an ST certificate. They pointed out that the petitioner was raised in a forward-class environment and had no connection with the tribal community of her mother.
However, the court dismissed these contentions and reiterated the fundamental rights of Scheduled Tribes under the Constitution.
The court further held that the rejection of the certificate was done without granting an opportunity for a hearing. The authorities acted unilaterally and exercised executive power without following the proper legal procedure.
"The withdrawal of the recommendation in favor of the petitioner was done without notice and behind her back. Such unilateral action is not only illegal but also unconstitutional. A constitutional right cannot be taken away without following the due process of law."
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After reviewing the arguments and the material on record, the Calcutta High Court ruled in favor of the petitioner. The court directed the authorities to issue the ST certificate within 24 hours, ensuring that the petitioner's rights were upheld.
The ruling reinforces the constitutional protection granted to Scheduled Tribes and sets a crucial precedent for similar cases in the future. It clarifies that a person's tribal status cannot be denied solely based on one parent belonging to a non-tribal community.
Case Reference: Case Title: Smt. Nazreen Banu and Another v. The Andaman and Nicobar Administration and Others
Case Number: WPA/653/2024
