Bombay High Court
Priyanka D/O Subhash Jambhule vs The Directorate Of Technical ... on 14 December, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.5729 of 2013
Priyanka d/o. Subhash Jambhule,
Aged about 18 years, Occ. Student,
r/o. Bramha Nagar, Narsala Road,
Near Indian Gas Godown,
Nagpur. ... Petitioner
// Versus //
1. The Directorate of Technical
Education, Maharashtra State,
Mumbai - 400 001.
2. The Principal,
Priyadarshani Indira Gandhi College
of Engineering, Opp. Lata Mangeshkar
Hospital, Hingna Road, Nagpur.
3. The Registrar,
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur.
4. The Scheduled Tribe Caste
Certificate Scrutiny Committee,
Adiwasi Vikas Bhavan,
Giripeth, Nagpur. ... Respondents
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___________________________________________________________
Ms Preeti Rane, Advocate for Petitioner.
Mr.N.S.Rao, A.G.P. for Respondent No.1.
Mr.Yashraj R. Kinkhede, Advocate h/f. Mr.H.D.Dangre,
Advocate for Respondent No.2.
___________________________________________________________
CORAM : R.K. DESHPANDE &
M.G. GIRATKAR, JJ.
DATE : 14.12.2017.
ORAL JUDGMENT (Per : R.K. DESHPANDE, J.) :
1. This petition challenges the order dated 9.4.2013 passed
by the Scheduled Tribe Caste Certificate Scrutiny Committee,
Nagpur invalidating the caste claim of the petitioner for 'Mana'
Scheduled Tribe, which is an entry at Serial No.18 in the
Constitution (Scheduled Tribes) Order, 1950 and cancelling and
confiscating the caste certificate dated 21.5.2011 issued by the
Deputy Collector, Nagpur certifying that the petitioner belongs to
'Mana' Scheduled Tribe.
2. Before the said Committee, the petitioner produced total
fifteen documents in support of her claim for 'Mana' Scheduled
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Tribe. The petitioner amongst other documents also produced
Validity Certificate dt.26.7.2006 issued in the name of Ku. Lata
Jambhule - aunt of the petitioner validating her claim for 'Mana'
Scheduled Tribe. Similarly, another Validity Certificate
dt.16.11.2005 issued in the name of Digambar Jambhule - cousin
uncle of the petitioner validating his claim for 'Mana' Scheduled
Tribe. Similarly, another Validity Certificate dt.19.10.2005 in the
name of Salita Shrirame - mother of the petitioner.
3. The Committee relies on two documents - the name of
Santosh Jago Shiva - cousin grand father of the petitioner showing
his caste as 'Mana-ku' on 1.2.1932 in the School Admission
Register. The another document is in the name of Shyamrao Jago
Shiva - cousin grand father of petitioner showing his caste as 'Mana
Kunbhi' in the School Admission Register on 1.4.1944 to invalidate
the caste claim of the petitioner. Another document produced on
record is in the name of Govinda Shiva, the grand father of
petitioner indicating his caste 'Mana', which is an entry in the
School Admission Register made on 7.6.1940 and similar is the
entry in the name of Kali Kisan Shiva, the grand father's real sister
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made on 1.4.1946.
4. We have gone through the report of Police Vigilance Cell.
Though such entry is shown to have been found, the extract of it is
not available on record. Another entry in the name of Santosh Jago
Shiva, which is dt.1.2.1932, shows his caste as 'Mana Ku'.
5. In the decision of this Court in the case of Mana Adim
Jamat Mandal v. State of Maharashtra and others, this Court has
taken a view that the earlier view taken in the case of Dina .vs.
Narayan Singh, 38 ELR 212 that entry 'Mana', which is sub-tribe of
own, is impliedly overruled in the decision of Constitutional Bench
of Apex Court in the case of State of Maharashtra .vs. Milind and
Others reported in 2001(1) Mh.L.J. 1. Subsequently, this view is
confirmed by the Apex Court in its decision in the case of State of
Maharashtra & Ors. v. Mana Adim Jamat Mandal, reported in
(2006) 4 SCC 98. The Apex Court has held that 'Mana' is an
independent Tribe and the decision of the Division Bench of this
Court holding that the claim cannot be rejected on the ground that
there is a separate tribe as included in the list of special backward
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classes, 'Kunbhi Mana', which is not included in the Scheduled
Tribe Order, has been confirmed.
6. In view of the fact that the blood relatives of petitioner
have already been issued Caste Validity Certificate, the Committee
could not have rejected the claim of the petitioner for 'Mana'
Scheduled Tribe in view of the Division Bench decision of this Court
in the case of Apoorva d/o Vinay Nichale v. Divisional Caste
Certificate Scrutiny Committee No.1 and others, reported in 2010(6)
Mh.L.J. 401. The Committee, therefore, could not have invalidated
the claim for 'Mana' Scheduled Tribe.
7. In the result, the petition is allowed in the following
terms :
(i) The order dated 9.4.2013 passed by the Scheduled
Tribe Caste Certificate Scrutiny Committee, Nagpur
invalidating the caste claim of the petitioner for 'Mana'
Scheduled Tribe is hereby quashed and set aside.
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(ii) It is declared that the caste certificate
dated 21.5.2011 produced by the petitioner showing her
caste as 'Mana' Scheduled Tribe, which is an entry at
Serial No.18 in the Constitution (Scheduled Tribes) Order,
1950, is held to be valid.
(iii) The said Committee is, therefore, directed to issue
validity certificate in the name of the petitioner
accordingly within a period of one month from the date of
production of copy of this judgment before it.
(iv) Respondent Nos. 1 to 3 are directed to release all
the documents and concessions in favour of the petitioner
by treating the petitioner as a candidate belonging to
'Mana' Scheduled Tribe category.
8. Rule is made absolute in above terms. No order as to
costs.
(M.G. Giratkar, J.) (R.K. Deshpande, J.)
jaiswal, PS
