Sayali D/O Chandrashekhar Dharne vs S.T. Certificate Scrutiny ...
2023 Latest Caselaw 9667 Bom

2023:BHC-NAG:13738-DB




                                                  1              wp6015.2023

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

                             WRIT PETITION NO.6015/2023

              Sayali D/o Chandrashekhar Dharne,
              age 18 Yrs., Occ. Student,
              R/o Mehendibag Road, Opp. Bohra
              Colony, Binaki, Nagpur 440 017.             ...   Petitioner
                    - Versus -
              1.   Scheduled Tribe Certificate Scrutiny
                   Committee, Nagpur Division,
                   Nagpur, through its Chairman,
                   Committee for Scheduled Tribe
                   Claims, Office at Adiwasi Bhawan,
                   2nd Floor, Giripeth, Nagpur,
                   Tah. and Dist. Nagpur.

              2.   State of Maharashtra, through
                   its Secretary, Tribal Development
                   Department, Mantralaya, Mumbai.

              3.   Commissioner and Competent
                   Authority, State Common Entrance
                   Test Cell, Mumbai, 8th Floor New
                   Excelsior Building, A.K. Nair
                   Marg, Fort, Mumbai 400 001.

              4.   Chairman, Admission
                   Regulating Authority, Excelsior
                   Theatre Building, 9th Floor,
                   A.K. Nayak Marg, Fort
                   Mumbai - 400 001.
                                      2                   wp6015.2023

5.   The Principal,
     Shri Guru Gobind Singhji
     Institute of Engineering and
     Technology, Nanded, Guru Tegh
     Bahadurji Marg, S.G.G.S.,
     Vishnupuri, Nanded,
     Maharashtra 431 606.

6.   Registrar, Swami Ramanand
     Tirth Marathwada University,
     Nanded, Guru Tegh Bahadurji
     Marg, S.G.G.S., Vishnupuri,
     Nanded, Maharashtra 431 606.

7.   Sub-Divisional Officer,
     Sub-Divisional Office, Umred,
     Tq. Umred, Dist. Nagpur.                    ...   Respondents
            -----------------
Mr. P.P. Dhok, Counsel for the Petitioner.
Ms. N.P. Mehta, Assistant Government Pleader for Respondent
Nos.1, 2, and 7.
Mr. N. A. Gaikwad, Counsel for Respondent Nos.3 and 4.
            ----------------

CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 14.9.2023

ORAL JUDGMENT (Per A.S. Chandurkar, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

3 wp6015.2023

2. The challenge raised in the present writ petition is to

the order dated 28.8.2023 passed by the Scrutiny Committee

invalidating the petitioner's claim of belonging to Mana

Scheduled Tribe.

3. Since the petitioner seeks to pursue higher education

we have heard the learned counsel for the parties and we have

perused the record maintained by the Scrutiny Committee. Inter

alia, the petitioner seeks to rely upon various pre-independence

documents of the years 1912-17, 1913-14 and 1914-15 of his

predecessors coupled with various other old documents. In

addition, he seeks to rely upon validity certificate granted to one

of his cousins Pranay Chudamanji Dharne pursuant to the order

dated 25.6.2019 passed by the Scrutiny Committee. The Scrutiny

Committee while invalidating the petitioner's claim has stated

that with regard to the document of 1912-17, the entry found is

Mana Kunbi. It is pointed out by the learned counsel for the

petitioner from the said document that the names of his 4 wp6015.2023

predecessors are shown in column No.6 of the said document

while reference is made by the Scrutiny Committee to the names

in column No.7 wherein the persons named are not related to the

petitioner. We find that the said document clearly indicates

names of the petitioner's predecessors in column No.6 which can

be gathered from the family tree. This document was thus not

liable to be discarded. On the contrary, it is to be noted that this

very document was considered by the Scrutiny Committee

consisting of four Members while allowing the claim of the

petitioner's cousin Pranay. The Scrutiny Committee has

discarded the grant of validity certificate to petitioner's cousin on

the ground that the family tree indicated in the affidavit of the

petitioner's father was not in detail. However, if the said family

tree indicated in the affidavit dated 13.3.2023 is perused along

with family tree considered by the Scrutiny Committee that was

part of the Vigilance Enquiry in the case of Raju Dharne, it is seen

that the name of Pranay figures in both the family trees. The

petitioner is, therefore, entitled to the benefit of adjudication by 5 wp6015.2023

the Scrutiny Committee itself while granting validity to Pranay.

Thus from the various pre-constitutional documents the claim of

the petitioner of belonging to Mana Scheduled Tribe stands

established.

4. Insofar as the aspect of affinity is concerned, its

limited importance has been explained by the Hon'ble Supreme

Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti

V/s. State of Maharashtra and others reported in 2023(2) Mh.L.J.

785. This position has been clarified in the subsequent decision in

Civil Appeal No.7117/2029 (Priya Pramod Gajbe V/s. The State

of Maharashtra and others). The observations of the Vigilance

Cell, therefore, cannot be treated to be a litmus test. Moreover,

the validities granted earlier to the petitioner's blood relatives are

not liable to be discarded.

5. We, therefore, find that the Scrutiny Committee

misdirected itself by ignoring the old documents as well as the 6 wp6015.2023

validity certificates granted to the petitioner's cousin brother and

other blood relatives. The impugned order, is therefore,

unsustainable.

6. For aforesaid reasons, the order passed by the Scrutiny

Committee on 28.8.2023 is set aside. It is declared that the

petitioner has proved that he belongs to Mana Scheduled Tribe.

Within a period of three weeks from today, the Vigilance Cell

shall issue validity certificate to the petitioner. Till the validity

certificate is received, the petitioner can rely upon copy of the

judgment to indicate that his claim of belonging to Mana

Scheduled Tribe has been upheld. The respondent Nos.3 and 4

to take consequential steps in that regard.

An authenticated copy of this judgment be given to the

learned counsel for the parties.

7. Rule is made absolute in the above terms. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 15/09/2023 10:51:23