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Supreme Court of India 2023-07-11 allowed

PRIYA PRAMOD GAJBE vs THE STATE OF MAHARASHTRA AND OTHERS

Bench: 2 — B.R. Gavai, J.B. Pardiwala

In Brief

A student seeking MBBS admission under the Scheduled Tribe quota claimed membership in the 'Mana' tribe, but a scrutiny committee rejected her claim based on failure of an affinity test (lack of knowledge of tribal customs) and absence from the tribe's traditional area. The Supreme Court allowed her appeal, holding that pre-constitutional documents (from 1924 onwards) showing her caste have highest probative value and should not be discarded. The Court ruled that affinity tests cannot be applied as a litmus test, especially where applicants have lived in urban areas for generations. The order was quashed and she was declared a member of 'Mana' Scheduled Tribe.

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Scheduled Tribes Caste Certificates Administrative Law Affinity Test Constitutional Protections Education Reservation Policy

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