Bombay High Court
Laxman Nanaji Nannaware vs Schedule Tribe Caste Certificate ... on 26 July, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3078 OF 2008
Laxman Nanaji Nannaware,
aged about 46 years, Occ. Service,
R/o.Ward No. 7, Near Narayan Niwas,
Wani, Tq. Wani, Distt. Yavatmal ...... PETITIONER
...VERSUS...
1. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Irwani Chowk,
Amravati.
2. The Deputy Director,
Vocational Education & Training
Regional Office, Morshi Road,
Amravati.
3. The Principal,
Industrial Training Institute,
Zari Jamani, Distt. Yavatmal ...... RESPONDENTS
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Shri R.S.Parsodkar, counsel for Petitioner.
Shri S.M.Ukey, Addl. Govt. Pleader for Respondent nos. 1 and 2
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th
DATE : 26 JULY, 2017 .
ORAL JUDGMENT (P.C.)
1] The claim of the petitioner for 'Mana - Scheduled
Tribe' which is an entry at Sr. No.18 of the Constitution
(Scheduled Tribes) Order, 1950, has been rejected by the
Scheduled Tribe Caste Certificate Scrutiny Committee,
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Amravati, by an order dated 20.12.2007, which is the subject
matter of challenge in this petition.
2] The impugned order is liable to be set aside as
there is an error apparent on the face of record in
misconstruing the vital document which is the birth entry in
respect of father of the petitioner made in the year 1937. The
order shows that the caste shown therein is 'Kunbi', whereas
by issuing Corrigendum, dated 04.08.2008, which is placed
before us, the caste 'Kunbi' is deleted from the order. The
petitioner has produced the document dated 02.08.1937 in
respect of his grand father showing the caste as 'Mana. The
Committee has further held that the decision of the Apex
Court in State of Maharashtra vrs. Mana Adim Jamat
Mandal, reported in 2006 (4) SCC 98 is not applicable in the
present case.
3] No doubt that the petitioner will have to establish
affinity with 'Mana' which is an entry at Sr.No.18 in the
Constitution (Scheduled Tribe) Order, 1950 and the
Committee shall be at liberty to record its finding in
accordance with law.
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4] The petitioner was working as Instructor in
Industrial Training Institute, which is run by the State
Government. We do not find any interim order granting
protection to the service of the petitioner upon invalidation of
his tribe claim and we are not aware as to whether the
services of the petitioner is terminated or not.
5] In the result, writ petition is allowed. The order
dated 20.12.2007 passed by the Scheduled Tribe Certificate
Scrutiny Committee, Amravati, is hereby quashed and set
aside. The matter is remitted back to the said Committee to
decide it afresh in accordance with law. The petitioner to
appear before the Committee on 06.09.2017. The Committee
to decide the matter within a period of six months thereafter.
JUDGE JUDGE
Rvjalit
