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wp1396.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.1396 of 2013
Pramod s/o Kanhu Dhadse,
Aged about 24 years,
Occupation - Service,
R/o Khambada,
Tah. Chimur,
Distt. Chandrapur. ... Petitioners
Versus
1. The Scheduled Tribe Caste Certificate
Scrutiny Committee,
Gadchiroli.
2. The Deputy Conservator of Forest,
Wadsa Forest Division, Wadsa,
Distt. Gadchiroli. ... Respondents
Ms P.D. Rane, Advocate for Petitioner.
Shri S.S. Doifode, Assistant Government Pleader for
Respondents.
Coram : R.K. Deshpande & M.G. Giratkar, JJ.
rd Date : 3 November, 2017 ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 01:33:29 ::: 2 wp1396.13.odt Oral Judgment (Per R.K. Deshpande, J.) :
1. The claim of the petitioner for 'Mana', Scheduled Tribe Category, which is an entry at serial No.18 in the Constitution (Scheduled Tribes) Order, 1950, has been rejected by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli Division, Nagpur, by its order dated 1-2-2013, which is the subject-matter of challenge in this petition.
2. The petitioner filed about five documents before the Scrutiny Committee indicating the caste of his blood relatives as 'Mana', Scheduled Tribe Category, and the oldest document therein is of 1948-49 in the name of his great grandfather Dhondu Rama Mana. Subsequently, the petitioner also produced before the Committee a school leaving certificate in the name of one Tukaram Dhondu Dhadse, said to be a cousin grandfather of the petitioner, showing his case as 'Mana'. From the police vigilance cell report, we do not find that this document was forwarded for enquiry. If the document is proved, it will have a probative value, as it pertains to the date of 6-8-1945, when an ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 01:33:29 ::: 3 wp1396.13.odt entry was made in the school admission register, showing the caste of the petitioner's cousin grandfather as 'Mana'. In our view, therefore, a fresh enquiry is required to be made by the Committee in respect of the claim of the petitioner. Ms Rane, the learned counsel for the petitioner, informs us that there were also other documents placed before the Committee, which have not been considered.
3. In view of above, the petition is allowed. The order dated 1-2-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli Division, Nagpur, is hereby quashed and set aside. The matter is remanded back to the said Committee to decide it afresh in the light of the observations made by this Court. The Committee to permit the petitioner to place on record the additional documents, if any. The enquiry be conducted through the police vigilance cell in respect of all such documents produced by the petitioner and after following the procedure, the order shall be passed. The petitioner to appear before the Committee on 27-11-2017. The Committee to decide ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 01:33:29 ::: 4 wp1396.13.odt the matter within a period of six months thereafter.
4. Rule is made absolute in above terms. No order as to costs.
(M.G. Giratkar, J.) (R.K. Deshpande, J.) Lanjewar, PS ::: Uploaded on - 07/11/2017 ::: Downloaded on - 08/11/2017 01:33:29 :::