Bombay High Court
Sheshrao Rajeram More vs The Committee For Securiny And ... on 14 September, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.1413/2004
...
Sheshrao s/o Rajeram More,
age 56 years,
Occu: Agricultural Labourer,
R/o Tembhurkheda, Tq. Warud,
Distt. Amravati. .. PETITIONER
.. Versus ..
1. The Committee for Scrutiny and
Verification of Tribe Claims,
Irvin Square, Amravati.
2. The Collector,
Amravati District. .. RESPONDENTS
None for the Petitioner.
Shri C.A. Lokhande, A.G.P. for Respondents.
....
CORAM : R.K. Deshpande & Manish Pitale, JJ.
DATED : September 14, 2017.
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ORAL JUDGMENT (per R.K. Deshpande, J. )
1. The challenge in this writ petition is to the order
dated 29.01.2004 passed by the Committee for Scrutiny and
Verification of Tribe Claims, Amravati, invalidating the claim of
the petitioner for Arakh, a Scheduled Tribe Category, which is
an Entry at Sr. No.18 in the Constitution (Scheduled Tribes)
Order, 1950. The claim of the petitioner was verified as the
petitioner wanted to pursue his education as a candidate
belonging to Scheduled Tribe Category. The Committee has
invalidated the caste certificate produced by the petitioner and
one of the grounds to set it aside is that the controversy is
covered by the decision of the Apex Court in Dadaji @ Dina
.vs. Sukhadeobabu and others reported in AIR 1980
Supreme Court 150, in which it was held that the Entry No.18
in the Scheduled Tribes Order in relation to the State of
Maharashtra, contains various sub castes of main caste Gond
and only those having affinity with Gond can be considered as
Scheduled Tribe.
2. In the subsequent decision of the Apex Court in the
case of State of Maharashtra and others .vs. Mana Adim
Jamat Mandal reported in (2006) 4 Supreme Court Cases
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98, it is held that each tribe mentioned in entry No.18 is a
separate tribe and is not a sub tribe of main tribe i.e. Gond. In
view of the said decision, it is not necessary to establish an
affinity with Gond. If the claim is for Arakh Scheduled Tribe
which is included in Entry No.18, then affinity with Arakh is
required to be established. The decision of the Apex Court in
the case of Dadaji @ Dina .vs. Sukhadeobabu and others
(supra) has been specifically held to be impliedly overruled in
the decision of the Apex Court in the case of State of
Maharashtra .vs. Milind reported in (2001) 1 Supreme
Court Cases 4.
3. In view of the aforesaid decision, the order impugned
cannot be sustained and it will have to be set aside with an
order of remand for consideration afresh.
4. We, therefore, allow this writ petition, quash and set
aside the order dated 29.01.2004 passed by the Scrutiny
Committee and direct the Scrutiny Committee to decide the
caste claim of the petitioner afresh, keeping in view the fact
that the decision of the Apex Court in Dadaji @ Dina .vs.
Sukhadeobabu and others has been overruled and remains
no longer a good law.
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5. Rule is discharged. No order as to costs.
(Manish Pitale, J. ) (R.K. Deshpande, J.)
...
halwai/p.s.
