Research › Search › Judgment

Bombay High Court · body

2017 DIGILAW 1068 (BOM)

Dayaram s/o Bhagwanji Narnawre v. State of Maharashtra, Through its Secretary, Department of Tribal Development

2017-06-14

R.K.DESHPANDE, SWAPNA JOSHI

body2017
JUDGMENT : 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 subtribe 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 resintegra 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 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 subtribe 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 subtribe 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. However, these certificates shall obviously be subject to scrutiny and verification by the Scheduled Tribes Caste Scrutiny Committee. 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. 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.