Bombay High Court
Purushottam Babulal Garde vs The State Of Maha Thr Sec And 3 ... on 18 July, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1336 OF 2006
Purushottam Babulal Gurde,
aged about 32 years, Occ. Service,
R/o. At and Post Adasi,
Tah. And Distt.Gondia ...... PETITIONER
...VERSUS...
1. The State of Maharashtra,
through its Secretary,
Department of Social Welfare,
Mantralaya, Mumbai-400 032.
2. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Adiwasi Vikas
Bhawan, Giripeth, Nagpur,
3. The Principal, Industrial Training
Institute, Amgaon, Distt. Gondia,
4. The Deputy Director, Vocational Education
Industrial Training Insitute, Link Road,
Sadar, Nagpur ...... RESPONDENTS
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Shri A.J.Dhoble, Advocate h/f Shri R.S.Parsodkar, Advocate for
Petitioner.
Shri N.S.Rao, Asstt. Govt. Pleader for R-1, 3 and 4
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th
DATE : 18 JULY, 2017 .
ORAL JUDGMENT (Per DESHPANDE, J)
1] The claim of the petitioner for Mana, a
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recognized Scheduled Tribe in Entry No. 19 of the
Constitution (Scheduled Tribes) Order, 1950, has been
invalidated by the Scheduled Tribe Caste Certificate Scrutiny
Committee at Nagpur by its order dated 02.01.2006. The
petitioner who was appointed in the vacancy reserved for
Scheduled Tribe candidate on 25.07.1994 as Workshop
Attendant in the Industrial Training Institute at Deori, Disttt.
Gondia, apprehended the termination from service and
therefore, filed this writ petition.
2] The matter was admitted on 04.10.2007 and the
interim order was passed in terms of prayer clause (b),
staying the operation of the order passed by the Scrutiny
Committee.
3] The Scrutiny Committee holds that the caste of
the father of the petitioner is recorded as 'Kunbi' and the
contention that there was mistake in recording such entry has
been rejected. The petitioner has filed certain other
documents in support of his claim for Mana- Scheduled Tribe.
The Committee also records the finding that the forefathers of
the petitioner and other relatives hailed from Lanji, District
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Balaghat in the State of Madhya Pradesh and it seems that
the petitioner is a 'migrant' in the State of Maharashtra. It is
on this count also, the claim of the petitioner is rejected.
4] It is not possible for us to sustain the order
passed by the Scrutiny Committee for the reason that it fails
to consider several documents placed on record by the
petitioner in support of his claim for Mana - Scheduled Tribe
category. If the petitioner is to be treated as a 'migrant', the
Committee has to specifically records the finding in respect of
date on which the petitioner or his ancestral migrated in the
State of Maharashtra from the State of Madhya Pradesh. It
is not in dispute that the area in which the petitioner resided
prior to 1950 and the area in which the petitioner is now
residing in the State of Maharashtra constitute a part of
Central Provinces and Berar. This fact along with the date of
migration of the petitioner is also required to be taken into
consideration if the petitioner is to be denied the claim as a
'migrant' in the State of Maharashtra. We find that the
Scrutiny Committee has failed to record findings on all
material aspects of the matter. The order of the Committee
cannot, therefore, be sustained and it will have to be
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quashed and set aside with an order of remand.
5] In the result, the writ petition is allowed. The
order dated 02.01.2006 passed by the Scrutiny Committee is
hereby quashed and set aside. The matter is remanded back
to the Scrutiny Committee for decision afresh in accordance
with law. The petitioner to appear before the said Committee
on 28.08.2017. The Committee to decide the caste claim
within a period of one year thereafter. No order as to costs.
JUDGE JUDGE
Rvjalit
