Bombay High Court
Mr. Pitambar S/O Raju Nannaware vs The Scheduled Tribe Caste Certificate ... on 18 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17453-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2890/2022
Mr. Pitambar S/o Raju Nannaware,
aged about 23 Yrs., Occ. Education,
R/o Ward No.1, Post Rajoli,
Tah. Mul, District Chandrapur. ... Petitioner
- Versus -
1. The Scheduled Tribe Caste
Certificate Scrutiny Committee,
Gadchiroli, through its Deputy
Director and Member Secretary,
Complex Area near Z.P. School,
Gadchiroli, Dist. Gadchiroli.
2. Principal, Gurunanak Institute
of Engineering and Technology,
Kalmeshwar Road, Nagpur,
Dist. Nagpur. ... Respondents
-----------------
Mr. Ananta Ramteke, Counsel for the Petitioner.
Ms. K.R. Deshpande, A.G.P. for Respondent No.1.
----------------
CORAM :- SMT. ANUJA PRABHUDESAI &
MRS. VRUSHALI V. JOSHI, JJ.
DATED :- 18.12.2023
JUDGMENT (Per Mrs. Vrushali V. Joshi, J.)
Heard. Rule. Rule made returnable forthwith. Heard
finally by consent.
2. By the present petition the petitioner seeks quashing
and setting aside the order dated 24.8.2018 and direct the
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respondent No.2 to allow the petitioner to continue his studies
without insisting upon caste validity certificate and further direct
to allow the petitioner to appear in examination and declare his
result and further direct respondent No.1 to issue caste validity
certificate to the petitioner.
3. The petitioner belongs to Mana caste which is
recognized as Scheduled Tribe in the Constitutional Order, 1976
at serial No.18. While rejecting the claim of the petitioner, the
Committee observed that the documents at serial Nos.4 to 8, 12
to 14 and 17 which are of 1951 to 2016 wherein the entry is of
Mana caste is recorded. It is also mentioned by the Committee
that the Kotwal Panji of petitioner's great-grandfather of year
1926 is of Mana but it cannot be considered as it is not
specifically mentioned therein as Mana Scheduled Tribe. The
Committee has not disputed the documents of Mana entries but
the claim is rejected only on the ground that it is not specifically
mentioned as Mana Scheduled Tribe and, therefore, along with
the ground of affinity test the caste claim of the petitioner is
rejected.
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4. It is observed by the Scrutiny Committee that in
Vidarbha region there is Mana caste which does not belong to
Scheduled Tribe and is agriculturist by profession. Their
population is vast. They try to take benefit of reservation of
Scheduled Tribe by having entry in their documentary evidence
of Mana, Mane, Mani, Mani Kunbi, Mana Kunbi etc. who do not
belong to Scheduled Tribe.
5. On perusal of the documents filed by the petitioner it
appears that all the documents are of only Mana entry and
nothing is there to disbelieve the said documents. On the other
hand the Committee has not disputed the Mana entry. In reply
the respondent has stated that two documents of 1960-1961and
1954-1955 in which caste is not mentioned. At the same time
the entry of 1926 as Mana is admitted who is father of said two
persons whose caste is not mentioned. However, the Kotwal
Panji shows that the caste of great-grandfather Rushi is
mentioned. Though there is no adverse entry the Scrutiny
Committee has rejected the documents and invalidated the caste
claim on the ground that the documents have not proved, the
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caste Mana and the affinity test is also not fulfilled by the
petitioner.
6. Insofar as the aspect of affinity is concerned, this issue
has now been decided by the Hon'ble Supreme Court in its
decision in Maharashtra Adiwasi Thakur Jamat Swarakshan
Samiti V/s. State of Maharashtra and others reported in 2023(2)
Mh.L.J. 785. It has been held therein that report of the Vigilance
Cell cannot be treated as a litmus test. The entire material on
record has to be considered while verifying the tribe claim of a
candidate.
7. Considering the documents which are of Mana caste
it is established that the petitioner belongs to Mana Scheduled
Tribe. Hence the order passed buy the Scrutiny Committee is set
aside. The Scrutiny Committee shall issue validity certificate of
Mana Scheduled Tribe to the petitioner within a period of six
weeks from the date of this judgment.
Rule is made absolute in the above terms. There shall be no
orders as to costs.
(MRS. VRUSHALI V. JOSHI, J.) (SMT. ANUJA PRABHUDESAI, J.)
Signed by: MR. N.V. TAMBASKAR
Tambaskar.
Designation: PA To Honourable Judge
Date: 21/12/2023 11:09:47
