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THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 5935 OF 2015
Tukaram s/o Govindrao Narnawre
Aged about 34 yrs, Occ. Service,
R/o S.R.P. Camp, Quarter No. 27/3,
Amravati. ... Petitioner
VERSUS
The Scheduled Tribe Caste Certificate
Scrutiny Committee, Irvin Chowk,
Amravati, through its Chairman. ... Respondent
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Ms. P. D. Rane, Advocate for the petitioner
Mrs. M. H. Deshmukh, Assistant Government Pleader for the respondent
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CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 23/11/2017. Oral Judgment (Per : R. K. Deshpande, J.)
The challenge in this petition is to the order dated 24-4-2009 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati invalidating the caste claim of the petitioner for 'Mana', Scheduled Tribe Category which is at entry no. 18 in the Constitution (Scheduled Tribes) Order, 1950 and cancelling the caste certificate issued by the Sub Divisional Magistrate, Kelapur dated 15-7-2006 produced by the petitioner.
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2. The petitioner produced before the said committee about 11 documents out of which 10 documents indicate the caste 'Mana' of his blood relatives. The Police Vigilance Cell conducted home enquiry and found that the documents produced are true and correct but it refers to one document in the name of Bhanu Ragho said to be the grandfather of the petitioner, which is an entry of birth extract dated 17-10-1939 showing the caste 'Manya'. Except this document, there is no document placed on record showing the caste other than 'Mana'.
3. The committee relied upon the aforesaid document in respect of Bhanu Ragho. We therefore called for the record from the Committee to factually verify the said document. The learned Assistant Government Pleader, fairly stated that there is no such document available on record, showing caste 'Manya' in the name of Bhanu, the grandfather of the petitioner, on 17-10-1939. However, we find that there is birth register extract in the name of Bhanu Ragho showing the caste as 'Mana' and not 'Manya' in respect of female child, Biji born on 17-10-1939. Entry was taken in the register on 20-10-1939. The committee has therefore committed an error in relying upon the entry which is not in existence, to hold that the caste of the real paternal ::: Uploaded on - 27/11/2017 ::: Downloaded on - 28/11/2017 01:15:31 ::: 3 jg.w.p.5935.15.odt grandfather of the petitioner was shown caste as 'Manya' on 17-10-1939.
4. In paragraph no. 6 of the order of the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati, it is held that the entries do not describe the relatives of the applicant as belonging to 'Mana' Tribe but it is described as 'Mana' only and therefore, it cannot be said that the petitioner has established his claim for 'Mana', Scheduled Tribe. It is further held that none of the persons in the petitioner's family has earlier availed the status of 'Mana', Scheduled Tribe nor obtained the certificate of 'Mana', Scheduled Tribe.
5. We have already taken a view in Writ Petition No. 3308/2013 decided on 8th November, 2017 (Gajanan s/o Pandurang Shende Vs. The Head-Master, Govt. Ashram School and ors.) that merely because entry 'Mana' is shown in the caste column, it does not follow that the petitioner does not belong to 'Mana', Scheduled Tribe category. Similarly, we have also held that where the documents having probative value are produced on record and the genuineness of it is not disputed, the question of applying affinity test to reject the claim for 'Mana', Scheduled Tribe does not at all arise. We have considered such aspects in detail and we need not elaborate it now, except to say that we ::: Uploaded on - 27/11/2017 ::: Downloaded on - 28/11/2017 01:15:31 ::: 4 jg.w.p.5935.15.odt have held as such, by construing the ratio of various decisions of the Apex Court.
6. We hold that in view of the fact that the documentary evidence having probative value establish the claim for 'Mana', Scheduled Tribe, the Committee fell in error in rejecting the claim and in our view, the petitioner is entitled to get validity certificate for 'Mana', Scheduled Tribe.
7. In view of the above, writ petition is allowed as under.
(a) The order dated 24-4-2009 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati invalidating the caste claim of the petitioner is hereby quashed and set aside.
(b) It is held that the petitioner has established his claim for 'Mana', Scheduled Tribe which at serial no. 18 in the Constitution (Scheduled Tribes) Order, 1950.
(c) It is held that the caste certificate issued by the Sub Divisional Magistrate, Kelapur dated 15-7-2006 produced by the petitioner is valid.
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(d) The Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati is directed to issue caste validity certificate to the petitioner showing that he belongs to 'Mana', Scheduled Tribe within a period of one month from the date of production of copy of this judgment to it.
8. Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE JUDGE
wasnik
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