Bombay High Court
Bhuwaneshwari Chandrashekhar ... vs The S.T. Caste Cer. Scrutiny ... 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. 2405 OF 2008
Bhuwaneshwari Chandrashekhar Diwan,
aged about 22 years, Occ. Student,
R/o. At post Arjuni Morgaon,
Distt. Gondia. PETITIONER
...VERSUS...
1] The Scheduled Tribe Caste Certificate
Scrutiny Committee, Irwin Chowk,
Amravati Division, Amravati.
2] The Principal,
Yash Bahuuddeshiya Shiksan Sanstha,
D.Ed College, Arjuni Morgaon,
Distt. Gondia. RESPONDENTS
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Shri R.S.Parsodkar Advocate for Petitioner.
Shri N.S.Rao, Asstt.. Govt. Pleader for Respondent No.1
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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 - Scheduled
Tribe' category has been invalidated by the Scrutiny
Committee by an order dated 20.12.2007, which is the
subject matter of challenge in this petition.
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2] Heard Shri Parsodkar, the learned counsel for
the petitioner and Shri Rao, the learned Assistant
Government Pleader for Respondent No.1.
3] The order records the finding that the school
entries in respect of the applicant's grand father and father
show their caste as "Mana' in the year 1936 and 1942
respectively. However, it is not clear from these entries as to
whether it is 'Mana -Scheduled Tribe'. The Committee holds
that the applicant obtained caste certificate of 'Mana -
Scheduled Tribe' in the year 2005 for the first time on the
basis of decision of this Court in Mana Adim Jamat Seva
Mandal vrs. State of Maharashtra, reported in 2003 (3)
Mh.L.J. 513. The Committee holds that the affinity with
'Mana' has not been established.
4] We find that the order is totally cryptic. The
documents of pre-constitutional period have not been
considered by giving its probative value. There is nothing in
the order of the Committee to show that the documents of the
year 1936 and 1973 produced by the petitioner are either
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fabricated or fraudulent. The affinity is required to be
establish with 'Mana - Scheduled Tribe', which is not a sub-
tribe of 'Gond'. The Committee is, therefore, required to pass
a detailed order disclosing the reasons on the basis of which
the finding is recorded. The order cannot, therefore, be
sustained and it will have to be set aside with an order of
remand.
5] In the result, writ petition is allowed. The order
dated 20.12.2007 passed by the said Committee is hereby
quashed and set aside. The matter is remanded back to the
said Committee to decide the caste claim of the petitioner for
'Mana - Scheduled Tribe' afresh in accordance with law.
Needless to say that the petitioner shall be given an
opportunity of being heard in the matter in accordance with
the Rules. The petitioner to appear before the Committee on
28.08.2017. The Committee to decide the matter within a
period of one year thereafter. No order as to costs.
JUDGE JUDGE
Rvjalit
