Bombay High Court
Dr.Dayaram Bhagwanji Narnawre & 2 ... vs State Of Maha.Thr.Ecy.Dept.Of ... on 14 June, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4198 OF 2000
1] Dr.Dayaram s/o Bhagwanji Narnawre,
aged about 50 years, Occ. Medical
Practitioner, R/o. Umred,
Distt. Nagpur.
2] Harshal S/o. Dayaram Narnawre,
aged about 17 years, through
father Dr. Dayaram Narnaware,
3] Ujwal s/o Dayaram Narnawre,
aged about 16 years, through
father Dr. Dayaram Narnawre
Petitioners 2 & 3 R/o Umred,
Distt. Nagpur ...... PETITIONERS
...VERSUS...
1. State of Maharashtra,
Through its Secretary,
Department of Tribal Development,
Mantralaya, Mumbai.
2. Sub Divisional Officer, Umred,
Distt. Nagpur.
3. The Maharashtra Health University,
through its Registrar,
Nashik,
4. The Director of Technical Education,
Maharashtra State, Central Building,
Pune,
5. The Scheduled Tribe Caste Scrutiny Committee,
Giriopeth, Opp. R.T.O. Nagpur ...... RESPONDENTS
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Shri S.Sanyal , counsel for Petitioners.
Shri N.S.Rao, AGP for Respondent nos. 1, 2, 4 and 5
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th
DATE : 14 JUNE, 2017 .
ORAL JUDGMENT (P.C.)
1] The challenge in this petition is to the Government
Resolutions dated 24.04.1985 and 19.06.1985, holding that caste
Mana shown in the Entry No. 18 of "Gond" in Constitution
(Scheduled Tribe) Order in relation to the State of Maharashtra is
sub-tribe of "Gond". The Sub Divisional Officer, Umred, passed an
order on 03.07.2000 holding that the petitioner belonging to Mana
tribe has failed to establish his affinity with "Gond".
2] The controversy involved in this petition no longer
remains res-integra in view of the decisIon of the Apex Court in the
case of State of Maharashtra and others vrs. Mana Adim
Jamat Mandal, reported in 2006 (4) SCC 98. The Apex Court has
held that earlier two judgments; one in the case of Dina vrs.
Narayan Singh, reported in (1968) 38 ELR 212 and another in the
case of Dadaji vrs. Sukhdeobabu, reported in (1980) 1 SCC 621
stand impliedly overruled by the decision of the Constitution Bench
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of the Apex Court in the case of State of Maharashtra vrs.
Milind, reported in 2001 (1) SCC 4. The Government Resolutions
under challenge reiterated the position in the aforesaid two
judgments which are overruled.
3] The Apex Court has now held in State of
Maharashtra vrs. Mana Adim Jamat Mandal that each of the
tribes specified in Entry 18 must be deemed to be a separate tribe
and not sub-tribe of "Gond". In view of this position, the order
passed by the Sub Divisional Officer holding that the petitioner
belonging to Mana tribe has failed to establish his affinity with
"Gond" cannot be sustained. The Scrutiny Committee has to
examine the case of the petitioner for Mana - Scheduled Tribe
category, which is not a sub-tribe of "Gond".
4] In view of above, writ petition is allowed. The order
dated 03.07.2000 passed by the Sub Divisional Officer, Umred,
refusing to issue a caste certificate to the petitioner and his sons
showing that they belong to Mana - Scheduled Tribe category is
hereby quashed and set aside. The Sub Divisional Officer is
directed to issue caste certificate to the petitioner and his sons
showing that they belong to Mana - Scheduled Tribe Category.
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However, these certificates shall obviously be subject to scrutiny
and verification by the Scheduled Tribes Caste Scrutiny
Committee. The certificate be issued within a period of one month
from the date of receipt of the order.
Rule is made absolute in these terms. No order as to
costs.
JUDGE JUDGE
Rvjalit
