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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.4587 of 2004
Ku. Arti d/o Narsinghrao Tupparwar,
Aged 39 years, Occ.-Service,
R/o.-In front of Swastik School, Naya Nakasha,
Nagpur-16, Nagpur, Tq. and Distt. Nagpur. .... Petitioner.
-Versus-
1] The Scheduled Tribe Caste Certificate Scrutiny Committee,
Nagpur, Tq. and Distt. Nagpur.
2] Municipal Corporation, Nagpur, Ta. and Distt. Nagpur.
3] The State of Maharashtra,
through its' Secretary, Department of Tribal Development,
Mantralaya, Fort, Mumbai-400 032. .... Respondents.
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Ms Nidhi Singhvi Counsel holding for
Shri A.S. Kilor, Counsel for petitioner.
Mrs. Geeta Tiwari, Assistant Government Pleader for respondent
nos. and 3.
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Coram : R. K. Deshpande &
Mrs. Swapna Joshi, JJ.
Dated : 31 July, 2017
st
ORAL JUDGMENT (Per R. K. Deshpande, J.)
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The challenge in this petition is to the order dated 24-06-2004 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, invalidating the caste claim of the petitioner for "Mannewar" (Scheduled Tribe) category which is an entry at Serial No.18 of the Constitution (Scheduled Tribes) Order, 1950. The petitioner is in the employment of respondent no.2-Municipal Corporation, Nagpur as a candidate belonging to Scheduled Tribe category.
2] This Court protected the service of the petitioner by way of an interim order dated 06-10-2004. It was continued during the pendency of the petition when the matter was admitted on 04-06-2007.
3] The petitioner produced nine documents in support of his claim for "Mannewar" (Scheduled Tribe) category. The Committee holds that in some of the documents the caste of the petitioner and her real paternal uncles namely; Anandrao and Dharmraj is recorded as 'Telegu' in Primary School record. The Committee also holds that in view of the decision of the apex Court in the case of Dadaji alias Dina v. Sukhdeo Babu and others, reported in AIR 1980 SC 150 only the 'Mannewar Community' which is having affiliation to 'Gond community' is recognized as Scheduled Tribe.
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4] We have heard Ms Nidhi Singhvi, the learned Counsel
appearing for the petitioner who has vehemently urged that the entry 'Telegu' in the Primary School record merely shows the language of the petitioner or of the paternal relatives and on the basis of it, the validity for "Mannewar" (Scheduled Tribe) cannot be denied. She further submits that the entires in relation to the paternal uncles namely; Anandrao and Dharmraj are not found in the Police Vigilance Cell Report on page 48 of the petition and in respect of this, no show cause notice was given to the petitioner. She further submits that the Committee could not have relied upon the decision of the Hon'ble apex Court in Dadaji alias Dina (supra) to hold that the affinity of 'Gond' have to be established. She submits that the procedure prescribed for scrutiny and verification has not been followed.
5] 'Mannewar' tribe is included in several tribes under the heading 'Gond' at Serial No.18 of the Constitution (Scheduled Tribes) Order. Each entry of tribe in it, is a separate and independent entry and there is no question of establishing affinity with 'Gond' in respect of the claim for other tribes included in entry no.18. Apparently, 'Telegu' is a language and on that count the document should not have been rejected. Though the Committee holds that the ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:18:33 ::: 4 Judg. wp 4587.04.odt petitioner does not satisfy the affinity test, the order does not make it clear as to how and which affinity test has not been satisfied by the petitioner. The entries in relation to the paternal uncles namely; Anandrao and Dharmraj do not find place in the report of the Police Vigilance Cell. Hence, without providing opportunity to the petitioner, the entires should not have been relied upon. In view of all these infirmities, the order invalidating the caste claim cannot be sustained and it will have to be set aside with an order of remand. 6] In the result, the writ petition is allowed. The order dated 24-06-2004 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur invalidating the claim of the petitioner for "Mannewar" (Scheduled Tribe) is hereby quashed and set aside. The matter is remitted back to the said Committee to decide the case afresh keeping in mind the observations above and after following the procedure prescribed under the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. Act. 23 of 2001) and Rules framed thereunder. The petitioner to appear before the said Committee on 28-08-2017. The Committee shall, thereafter, follow the procedure prescribed and decide the caste claim within a period of 8 months thereafter. ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:18:33 :::
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7] Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Deshmukh
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