Mr.Thilok Sadashivrao Shende vs Bank Of Maharashtra
2017 Latest Caselaw 5303 Bom

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


                          WRIT PETITION NO. 5434 OF 2010


            Megha Rameshrao Mangle,
            aged about 23 years, Occ. Student,
            R/o. House No. 352, Unthakhana,
            Medical College Road, Nagpur ......                       PETITIONER

                               ...VERSUS...

 1]         The President and Member of
            Caste Scrutiny Committee for
            Scheduled Tribe, Irwin Chowk,
            Amravati.

 2]         The Principal,
            G.H.Raisoni College of Engineering,
            Digdoh Hills, Hingna Road,
            Nagpur 

 3]         The Director of Technical Education,
            Maharashtra State,
            3, Mahapalik Marg, Elphistone
            Technical High School, Post Box No.1967,
            Mumbai.

 4]         The Vice Chancellor,
            Rashtrasant Tukdoji Maharaj Nagpur
            University, Nagpur ......                               RESPONDENTS

                                        AND

                          WRIT PETITION NO. 1938 OF 2010


            Rucha Rameshrao Mangle,
            aged about 18 years, Occ. Student,
            R/o. House No. 352, Unthakhana,
            Medical College Road, Nagpur ......                       PETITIONER


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                                   ...VERSUS...

 1]       The President and Member of
          Caste Scrutiny Committee for
          Scheduled Tribe, Irwin Chowk,
          Amravati.

 2]       The Principal,
          Nagpur College of Homeopathy
          Biochemistry, Adam Shah Layout,
          Jagnade Chow, Bhandara Road,
          Nagpur 

 3]       The Director of Medical and Technical Education,
          3, Mahapalik Marg, 
          Mumbai.

 4]      The Vice Chancellor,
         Rashtrasant Tukdoji Maharaj Nagpur
         University, Nagpur ......                                          RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for Petitioner.
 Shri   V.P.Maldhure   and   Shri   N.S.Rao,   Assistant   Govt.   Pleaders   for
 Respondent No.1
 Shri J.B.Jaiswal, Advocate for Respondent No.5
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE,
                                        Mrs. SWAPNA JOSHI, JJ.

st DATE : 31 JULY, 2017 .

ORAL JUDGMENT (P.C.)

1] The challenge in this petition is to the order

dated 25.08.2009 passed by the Scheduled Tribe Certificate

Scrutiny Committee, Amravati, invalidating the caste claim of

the petitioners for 'Mana - Scheduled Tribe' which is an entry

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at Sr.No.18 in the Constitution (Scheduled Tribe) Order,

1950, in relation to the State of Maharashtra. The caste

certificates dated 14.07.2005 and 07.08.2007 produced by

the petitioners have been cancelled and confiscated.

2] None appears for the petitioners. With the

assistance of the learned Assistant Government Pleader, we

have gone through the order passed by the Committee. The

Committee has relied upon only the single document in the

name of Narmada Pandurang Mangare, showing the caste

as 'Mani' in the School Admission Register entered on

01.07.1959. All other documents produced on record

indicate the caste 'Mana'. The Committee has also relied

upon the certificate of birth/death record in the name of

parental relatives of the petitioner in which probably the

surname of the person is mentioned as 'Manya' or 'Mani'. The

Committee has not applied the affinity test and rejected the

caste claim of the petitioners for 'Mana - Scheduled Tribe'

category.

3] There is no finding recorded by the Committee

that 'Manya' or 'Mani' is the independent caste or tribe or

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sub-caste. In the absence of such finding, it is possible that

the name of caste is not properly spelt out. The Committee

has to apply the affinity test also and to record the finding as

to whether 'Manya' or 'Mani' is a separate caste or tribe or

sub-tribe in existence. In the absence of this, we cannot

sustain the impugned order of the Committee and the matters

will have to be sent back after setting aside the order.

4] In the result, the writ petitions are allowed. The

order dated 25.08.2009 passed by the Scheduled Tribe

Certificate Scrutiny Committee, Amravati, is hereby quashed

and set aside and the matters are remitted back to the

Scheduled Tribe Certificate Scrutiny Committee, Amravati,

for fresh consideration in the light of the observations made

by this Court. The Committee to decide the matter afresh

after giving notice to the petitioners and following the

procedure prescribed under the law and Rules. No order as

to costs.

                                 JUDGE                         JUDGE

 Rvjalit