Bombay High Court
Mahendra Sudhakar Nimje, Dist. ... vs State Of Mah.Dept. Of Tribal ... 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. 1097 OF 2002
Mahendra Sudhakar Nimje,
aged about 25 years, Occ. Service,
R/o. Mowad, Tq. Narkhd, Distt. Nagpur .. PETITIONER
...VERSUS...
1. State of Maharashtra,
Department of Tribal Development,
through its Principal-Secretary,
Mantralaya, Mumbai.
2. The Chairman,
Scheduled Tribe Caste Certificate
Scrutiny Committee, Nagpur,
Adiwasi Vikas Bhavan, Giripeth,
Amravati Road, Nagpur.
3. Education Officer (Primary),
Zilla Parishad, Nagpur.
4. The Block Education Officer,
Panchayat Samiti, Katol,
Tah. Katol, Distt.Nagpur.
5. State of Maharashtra,
Department of General Administration,
through its Principal Secretary,
Mantralaya, Mumbai ...... RESPONDENTS
-------------------------------------------------------------------------------------------
Shri A.R.Patil, counsel for Petitioner.
Shri S.M.Ukey, Addl. Govt. Pleader for Respondents
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th
DATE : 26 JULY, 2017 .
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ORAL JUDGMENT (P.C.)
1] The petitioner was employed on the post of
Assistant Teacher in the services of the Zilla Parishad,
Nagpur, against a post reserved for Scheduled Tribe
category. The petitioner claims that he belongs to Halba/
Halbi-Scheduled Tribe, which is an entry at Sr.No.19 of
Constitution (Scheduled Tribe) Order, 1950, and on the basis
of caste certificate dated 28.07.1993, he was granted an
employment.
2] Upon scrutiny and verification of the caste claim
of the petitioner by the Scheduled Tribe Caste Certificate
Scrutiny Committee at Nagpur, the claim of the petitioner for
Halba - Scheduled Tribe was rejected by an order dated
09.11.2001, which is the subject matter of challenge in this
petition. During the pendency of the petition, petitioner's
service was protected.
3] Shri Arun Patil, the learned counsel appearing
for the petitioner invited our attention to the additional
affidavit filed in this Court on 17.07.2017 along with which the
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document in which the entry of the petitioner's grand father
dated 23.09.1920 is shown to be of 'Halbi'. This document
was not produced before the Committee. The documents
produced before the Committee include the Primary School
Leaving Certificate in the name of the petitioner's father in
which the caste is shown as 'Halbi' on 25.06.1951. The
matter can, therefore, be remanded back to the Committee
for scrutiny and verification afresh after granting the petitioner
an opportunity to produce the document on record.
4] In the result, writ petition is allowed. The order
dated 09.11.2011 passed by the Scheduled Tribe Caste
Certificate Scrutiny Committee, Nagpur, is hereby quashed
and set aside. The matter is remitted back to the said
Committee for enquiry afresh through Police Vigilance Cell
after giving an opportunity to the petitioner to produce all
such documents as are available with him in support of his
claim for Halba/Halbi- Scheduled Tribe category. The
petitioner to appear before the said Committee on
29.08.2017. The Committee to decide the tribe claim of he
petitioner within a period of six months thereafter.
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Rule is made absolute in these term. No order as
to costs.
JUDGE JUDGE
Rvjalit
