Bombay High Court
Prashant Khemraj Ekude Nagpur vs Committee For Scrutiny & ... on 14 July, 2017
Bench: Ravi K. Deshpande
wp.912.02
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 912/2002
* Prashant Khemraj Ekude
Aged 27 years, occu: student
R/o 1/3 Ujwal Cooperative Housing Society
Ujwal nagar, Somalwada
Nagpur - 440 025. ..PETITIONER
VERSUS
Committee for Scrutiny and
Verification of Tribe Claims
Through its Member-Secretary
Adivasi Bhavan, Giripeth,
Nagpur - 440 010. ..RESPONDENT
.
...................................................................................................................
None for the petitioner
Mrs. Geeta Tiwari, Asst. Govt. Pleader for respondent
----------------------------------------------------------------------------------------------------
CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 14 th
July, 2017
ORAL JUDGMENT: (Per Mrs. Swapna Joshi, J.)
1. By this petition, the petitioner has challenged the decision of
respondent - Committee for Scrutiny and Verification of Tribe Claims
dated 24.07.2001, by which the caste certificate of the petitioner as
belonging to 'Mana' Scheduled Tribe, issued by the competent authority
at Katol, has been invalidated.
::: Uploaded on - 15/07/2017 ::: Downloaded on - 16/07/2017 00:28:22 :::
wp.912.02
2
2. The petitioner possesses Bachelor of Engineering (B.E.) and
has also passed the Master of Business Administration (MBA). The
petitioner claims that he belongs to 'Mana' community which has been
notified as a Scheduled Tribe in State of Maharashtra. The petitioner
applied to the respondent-Committee for verification of his tribe claim.
In support of his claim, the petitioner produced voluminous
documentary evidence inasmuch as nineteen documents before the
respondent-Committee. One of the documents pertains to the year
1929-30 relating to the petitioner's grandfather, namely, Vithoba Nago
Mana. However, the respondent-Committee invalidated the tribe claim
of the petitioner. The said order was challenged before this Court by
preferring Writ Petition bearing No.1573/2000. Vide an order dated 27th
th
August, 2000 this Court quashed and set aside the order dated 28th
th
March 2000 passed by the respondent-Committee and the matter was
remanded back to it for deciding the same afresh in accordance with
law.
3. The Respondent-Committee passed the order dated 24th July
2001, which is the subject-matter of challenge in the present writ
petition, invalidating tribe claim of the petitioner mainly on the ground
::: Uploaded on - 15/07/2017 ::: Downloaded on - 16/07/2017 00:28:22 :::
wp.912.02
3
that the petitioner has failed to establish socio-cultural affinity and
ethnic linkage with 'Mana' sub-tribe of 'Gond' Scheduled Tribe. The
Committee relied upon the judgment of the Hon'ble Apex Court in the
case of Dadaji @ Dina vs. Sukhdeo Babu & others, reported in 1980
S.C.R.150, wherein it has been held that "only the 'Mana' community
having affiliation with the 'Gond' Scheduled Tribe will fall within the
scope of the entry". It is observed in the impugned order passed by the
respondent-Committee that the applicant could not bring out the
distinct socio-cultural traits, customs and traditions prevalent in 'Mana'
sub-tribe of 'Gond' Scheduled Tribe. Whatever information has been
furnished by the applicant drifts away from that with regard to the
traits and characteristics of 'Mana' sub-tribe of 'Gond' Scheduled Tribe
community. Thus, the respondent-Committee rejected the tribe claim of
the petitioner.
4. Significantly, the controversy involved in this petition is no
more res integra, in view of the decision of the Hon'ble Apex Court in
the case of State of Maharashtra and others vs. Mana Adim Jamat
Mandal, reported in 2006 (4) SCC 98. The Hon'ble Apex Court has
held that the judgments one in the case of Dina vs. Narayansingh,
::: Uploaded on - 15/07/2017 ::: Downloaded on - 16/07/2017 00:28:22 :::
wp.912.02
4
reported in (1968) 38 ELR 212 and, another, in the case of Dadaji @
Dina vs. Sukhdeo Babu, reported in (1980) 1 SCC 621 stand impliedly
overruled by the decision of Constitution Bench of the Hon'ble Apex
Court, in the case of State of Maharashtra vs. Milind, reported in
2001(1) SCC 4. The Hon'ble Apex Court in State of Maharashtra vs.
Mana Adim Jamat Mandal (supra) held that each of the tribes specified
in entry 18 must be deemed to be a separate tribe and not sub-tribe of
'Gond'.
5. In view of this position, the impugned order passed by the
respondent-Committee holding that the petitioner has failed to establish
his affinity with 'Gond' is rather indefensible and cannot be sustained.
The respondent-Committee has to examine the case of the petitioner for
'Mana' Scheduled Tribe category, which is not a sub-tribe of 'Gond'.
6. In view of the aforesaid fact-situation, the following order is
passed:-
ORDER
(i) The Writ Petition is allowed.
(ii) The order dated 24th July, 2001 passed by the respondent
wp.912.02
Committee is hereby quashed and set aside.
(iii) The matter is remitted back to the Respondent-Committee
for a fresh consideration, in accordance with law.
(iv) The Respondent-Committee to verify and scrutinize the
claim of the petitioner and to decide the same in the light of the
decision in the case of State of Maharashtra vs. Mana Adim
Jamat Mandal,(supra) within a period of six months from the
date of appearance of the petitioner.
(v) The Respondent-Committee to issue notice to the petitioner
to secure his presence, within one month.
(vi) Rule made absolute accordingly. No order as to costs.
JUDGE JUDGE
sahare
