Non-tribal status of either parents no ground to deny ST certificate: High Court

Kolkata: Observing that one cannot be denied the Scheduled Tribe (ST) certificate merely on grounds that either of the father or mother is non-tribal, Calcutta High Court’s circuit bench at Port Blair intervened to support a NEET aspirant who was denied such a certificate despite eligibility.

The bench of Justice Aniruddha Roy ruled that an individual’s ST status cannot be denied solely because one parent (in this case, the father) belongs to a non-tribal forward community. The certificate was crucial for the aspirant’s upcoming entrance exam application.

The court emphasised that constitutional protections for ST rights entitle eligible individuals to certificates after due process, not arbitrary rejection. “Once the Scheduled Tribe community has been recognised 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,” the court said.

The petitioner’s application, filed online on September 5, 2024, was initially recommended but later rejected by the Tehsildar on December 21, 2024. The rejection cited the petitioner’s upbringing in a forward community due to her father’s status, despite her mother’s ST affiliation, claiming she lacked tribal community ties.

The petitioners reportedly argued this unilateral cancellation — without notice or a hearing — violated legal norms, especially given the urgency for NEET.

The respondents defended the rejection, highlighting the petitioner’s affluent background and disconnection from tribal society.

However, the court found the cancellation procedurally flawed and illegal, noting that authorities must follow prescribed factors and due process when assessing ST eligibility, not act executively without transparency. No fraud was alleged in the initial recommendation, further weakening the rejection.

Ruling that the petitioner retained her ST status regardless of her father’s community, the court ordered the issuance of the ST certificate within 24 hours, safeguarding her constitutional rights and ensuring her NEET participation.