Bombay High Court
Ravindra S/O.Pundlikrao Khadage vs The Scheduled Tribe Caste ... on 15 November, 2016
Bench: B.R. Gavai
1 WP2361.05.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2361/2005
Ravindra s/o Pundlikrao Khadge,
aged about 27 years, Occ. Service in
M.S.R.T.C., r/o Lahariya Nagar,
Post Kaulkeda, Tq. Dist. Akola. .....PETITIONER
...V E R S U S...
1. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati, through
its Secretary, Amravati.
2. The State of Maharashtra through
its Secretary, Department of Tribal
Development, Mantralaya, Mumbai-32.
3. Maharashtra State Road Transport
Corporation, through it Divisional
Controller, Nagpur. ...RESPONDENTS
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Mr. R. S. Parsodkar, Advocate for petitioner.
Ms T. Udeshi, A.G.P. for respondent no.1.
Mr. R. S. Charpe, Advocate for respondent no.3.
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CORAM:- B. R. GAVAI & V. M. DESHPAND E, JJ.
DATED :-
NOVEMBER 15, 2016
ORAL JUDGMENT (Per : B. R. GAVAI, J.)
1. The petitioner challenges the order passed by respondent
no.1-Scrutiny Committee thereby invalidating the claim of the
petitioner of belonging to Halba-Halbi Scheduled Tribe.
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2. The petitioner claiming to be belonging to Halba
Scheduled Tribe, was appointed with respondent no.3 as Helper
against a seat reserved for the Scheduled Tribe category. Since, the
petitioner's appointment was against a post reserved for the
Scheduled Tribe, his caste claim came to be referred to the
respondent no.1-Committee for verifying the same. By the impugned
order, the claim is rejected. Hence, this petition.
3.
Heard Mr. Parsodkar, learned counsel for the petitioner,
Ms Udeshi, learned A.G.P. for respondent no.1 and Mr. Charpe,
learned counsel for respondent no.3. Perusal of the impugned order
would reveal that the claim of the petitioner has been rejected on
two grounds. Firstly, that the petitioner has failed the validity test
and secondly that some of the documents of the petitioner's
forefathers show the profession to be weaving.
4. We find that the issue is no more res integra.
5. The Apex Court in the case of Anand vs. Committee for
Scrutiny and Verification of Tribe Claims and others; 2011 (6)
Mh.L.J.919, has held that the pre-Constitution documents showing
the caste/tribe of the petitioner will have more probative value. It
has been held that by efflux of time, it is unreasonable to expect the
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persons in the new generation to know as to what were the trades
etc. of the earlier generations.
6. In the present case, the petitioner has placed on record
voluminous documents pertaining to his father, his father's brother
showing their caste to be Halbi. The Admission/Leave Register of the
Municipal Primary School, Sarmaspura, Achalpur would show that
the petitioner's father was admitted in the said school on 01.04.1952
and left the school on 31.12.1953. The caste is shown as Halbi. The
Transfer Certificate issued by the same school would also fortify the
same position. In the said document also, the caste is shown as Halbi.
Vishnu Laxman is the petitioner's father's real brother.
Even the extract of Admission/Leave Register issued by the same
school i.e. Municipal Primary School, Sarmaspura, Achalpur also
shows the the date of admission as 02.04.1948 whereas the date of
leaving the school is 01.04.1953. In the said document, the caste is
shown as Halbi. Thus, it can be clearly seen that the pre-Constitution
documents pertaining to the petitioner's father and father's brother
show the caste to be Halbi.
7. Insofar as the second ground i.e. the profession of the
petitioner's forefathers being shown as Weaver and on that basis,
rejection of the claim is concerned, in our view, the same is also not
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sustainable in view of the Division Bench judgment of this Court in
Priya Pravin Parate vs. Scheduled Tribe Caste Certificates Scrutiny
Committee, Nagpur and others; 2013 (1) Mh.L.J. 180. The
Division Bench, relying on the Gazetteer for Amravati District as well
as from the authoritative work of R. V. Russell on the Tribes and
Castes of the Central Provinces of India published in 1916, found that
the original Halba/Halbi who had migrated from Bastar to various
parts of Berar including Achalpur, have taken the profession of
weaving. Thus, merely mentioning of the profession as Weaver
cannot be said to be a factor adverse to the claim of the candidates
who are having documents showing their caste to be Halbi.
8. In that view of the matter, the impugned order is invalid
in law and the same is, therefore, quashed and set aside. It is held
and declared that the petitioner belongs to Halba-Halbi Scheduled
Tribe. The respondent no.1-Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati shall issue Caste Validity Certificate to
the petitioner within a period of four weeks from today.
Rule is made absolute in the above terms. No order as to
costs.
(V. M. Deshpande, J.) (B. R. Gavai, J.)
kahale
