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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3078 OF 2008
Laxman Nanaji Nannaware,
aged about 46 years, Occ. Service,
R/o.Ward No. 7, Near Narayan Niwas,
Wani, Tq. Wani, Distt. Yavatmal ...... PETITIONER
...VERSUS...
1. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Irwani Chowk,
Amravati.
2. The Deputy Director,
Vocational Education & Training
Regional Office, Morshi Road,
Amravati.
3. The Principal,
Industrial Training Institute,
Zari Jamani, Distt. Yavatmal ...... RESPONDENTS
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Shri R.S.Parsodkar, counsel for Petitioner.
Shri S.M.Ukey, Addl. Govt. Pleader for Respondent nos. 1 and 2
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th DATE : 26 JULY, 2017 .
ORAL JUDGMENT (P.C.) 1] The claim of the petitioner for 'Mana - Scheduled Tribe' which is an entry at Sr. No.18 of the Constitution (Scheduled Tribes) Order, 1950, has been rejected by the Scheduled Tribe Caste Certificate Scrutiny Committee, ::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 01:42:40 ::: 2 wp3078.08.odt Amravati, by an order dated 20.12.2007, which is the subject matter of challenge in this petition.
2] The impugned order is liable to be set aside as there is an error apparent on the face of record in misconstruing the vital document which is the birth entry in respect of father of the petitioner made in the year 1937. The order shows that the caste shown therein is 'Kunbi', whereas by issuing Corrigendum, dated 04.08.2008, which is placed before us, the caste 'Kunbi' is deleted from the order. The petitioner has produced the document dated 02.08.1937 in respect of his grand father showing the caste as 'Mana. The Committee has further held that the decision of the Apex Court in State of Maharashtra vrs. Mana Adim Jamat Mandal, reported in 2006 (4) SCC 98 is not applicable in the present case.
3] No doubt that the petitioner will have to establish affinity with 'Mana' which is an entry at Sr.No.18 in the Constitution (Scheduled Tribe) Order, 1950 and the Committee shall be at liberty to record its finding in accordance with law.
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4] The petitioner was working as Instructor in
Industrial Training Institute, which is run by the State Government. We do not find any interim order granting protection to the service of the petitioner upon invalidation of his tribe claim and we are not aware as to whether the services of the petitioner is terminated or not. 5] In the result, writ petition is allowed. The order dated 20.12.2007 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati, is hereby quashed and set aside. The matter is remitted back to the said Committee to decide it afresh in accordance with law. The petitioner to appear before the Committee on 06.09.2017. The Committee to decide the matter within a period of six months thereafter.
JUDGE JUDGE
Rvjalit
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