Deorao Tulshiram Narnaware vs Committee For Scrutiny & ...
2016 Latest Caselaw 314 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                  
                                NAGPUR BENCH, NAGPUR.

                                        WRIT PETITION No.696 OF 2002




                                                                                 
    Deorao s/o Tulshiram Narnaware,
    aged about 43 years, Ocxcu. Service, 
    R/o Nagpur, Tah. & Dist. Nagpur. ...                                                      ...               Petitioner. 
                                            
                        -Versus.-




                                                               
    1.     Committee for Scrutiny and Verification
                                        
           of Tribe Claims, through it's Chairman,
           Adivasi Vikas Bhavan, Giripeth, 
           Nagpur. 
                                       
    2.    Nagpur Municipal Corporation
          Through Commissioner of Nagpur 
          Corporation, Nagpur.                     ...                              ...          Respondents. 
    ------------------------------------------------------------------------------------------------------------
        

    Mr. P. Dhok, counsel for petitioner. 
    Mr. N.R. Patil, AGP for respondent no. 1.
     



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                        CORAM :  B.R. GAVAI AND P.N. DESHMUKH
                                                              , JJ.

DATED : 3rd March, 2016

ORAL JUDGMENT ( Per B.R. Gavai, J)

1. The petitioner has approached this court being aggrieved by the

judgment and order passed by the respondent no.1 Scrutiny Committee

thereby invalidating the claim of the petitioner of belonging to 'Mana'

Scheduled Tribe.

2. The respondent no.1 Scrutiny Committee has rejected the claim

of the petitioner on the ground that there is 'Mana' caste which is a non

tribal group and the 'Mana' which is a sub-tribe of Gond Community. The

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Committee has also held that for establishing that a person belongs to Mana

Scheduled Tribe, it is necessary that the person should establish that he is

having an affinity with Gond Tribe.

3. We find that the view taken by the learned Scrutiny Committee is

totally unsustainable in law. The Division Bench of this Court in the case of

Mana Adim Jamat Mandal Vs. State of Maharashtra and others

reported in 2003(3) Mh.L.J. 513 has specifically rejected the contention

that only 'Gond Mana' are qualified as Scheduled Tribe. It has been held

that the persons belonging to 'Mana' Tribe independently are entitled to

benefit of Scheduled Tribe under Entry 18 of Scheduled Castes and

Scheduled Tribes Orders ( Amendment) Act, 1976. The said judgment has

been upheld by the Apex Court in the case of State of Maharashtra Vs.

Mana Adim Jamat Mandal reported in 2006(4) SCC 98.

4. In that view of the matter, we find that the impugned order

passed by the learned Scrutiny Committee is totally unsustainable.

5. It is the case of the petitioner that the petitioner is having

documents as earlier as of the year 1928 pertaining to his caste showing his

tribe as Mana. We, therefore, quash and set aside the impugned order and

remit the matter to the respondent no.1 committee for deciding it afresh in

accordance with law.

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6. The petitioner is directed to appear before the respondent no.1

Scrutiny Committee on 14th March, 2016 and as such the requirement of

formal notice shall stand waived.

                                   JUDGE                        JUDGE
    Hirekhan