Yogeshwar Toshakrao Choudhari ... vs Committee For Scrutiny And ...
2017 Latest Caselaw 4592 Bom

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT NAGPUR, NAGPUR.
                                             ...

WRIT PETITION NO. 5048/2004

Yogeshwar s/o Toshakrao Choudhari Aged about 38 years, occu: service R/o Yavatmal, Dist. Yavatmal. ..PETITIONER

v e r s u s

1) Committee for Scrutiny & Verification of Tribe Claims, Amravati Through its Chairman committee for Scrutiny of Scheduled Tribe Claims Irvin Chowk, Amravati.

2)        The Principal, 
          Arts and Commerce College 
          Shivaji Nagar, Yavatmal
          Tah & Dist. Yavatmal.

3)        Vishudha Shikshan Sanstha
          Through  President 
          At Yavatmal, Tah. & Dist. Yavatmal.

( Amended as per order dtd.19.08.2005 ) ..RESPONDENTS

...........................................................................................................................

Mr. P. P.Dhok, Advocate for the petitioner Mr. V.P. Maldhure, Assistant Government Pleader for Respondent no.1 ............................................................................................................................

                                                     CORAM:    R.K.DESHPANDE &
                                                                    MRS . SWAPNA JOSHI, JJ
                                                                                          . 
                                                     DATED :       17th July, 2017

ORAL JUDGMENT: (PER R.K.DESHPANDE, J.)

The caste claim of the petitioner for 'Mana' Scheduled

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Tribe, has been invalidated by respondent no.1-Scrutiny Committee by

its order dated 27.7.2004 which is the subject-matter of challenge in this

petition.

2. In paragraph 7 of the order of the Scrutiny Committee, it is

held as under :

"7. Candidate claimed that he belongs to Mana, Scheduled Tribe. It should be noted that the Mana, Scheduled Tribe community has not been listed as an independent single entry, but it has been clubbed along with numerous of the synonyms and sub-tribes included in the Gond Tribe listed at Serial No.18. Thus, the underlying basic principle is that the communities listed at a particular serial no. could be only those communities which has mutual affinity with each other. It is found that the candidate has no affinity and ethnic linkage with Mana, Scheduled Tribe."

3. In view of the recent decision of the Hon'ble Supreme Court

in State of Maharashtra and others vs.Mana Adim Jamat Mandal

reported in 2006 (4) SCC 98, it is not necessary to establish affinity

with the 'Gond' Tribe as 'Mana' is not considered to be a sub-tribe of

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Gond. The Committee has to find out as to whether the petitioner

established his claim for 'Mana' Tribe, which is an independent tribe

under Entry No.18 of Gond.

4. In the result, this Writ Petition is allowed. The order dated

27.7.2004 passed by the respondent-Scrutiny Committee at Amravati is

hereby quashed and set aside. The matter is remitted back to the said

Committee to decide the caste claim of the petitioner afresh after

following the procedure prescribed under the Maharashtra Act No. XXIII

of 2001 along with the rules framed thereunder.

                         JUDGE                               JUDGE

sahare