Vasant S/o. Laxman Dhoke v. Committee for Scrutiny and Verification of Tribe Claims
2017-07-13
R.K.DESHPANDE, SWAPNA JOSHI
body2017
DigiLaw.ai
JUDGMENT : Swapna Joshi, J. 1. By this petition, the petitioner has challenged the decision of Respondent No.1 Committee for Scrutiny and Verification of Tribe Claims, dated 10.12.2001, by which the caste certificate of the petitioner belonging to Mana – Scheduled Tribe, issued by the competent authority, Nagpur, has been invalidated. 2. The petitioner was appointed as a lecturer on the basis of the caste certificate issued by the competent Authority by Yashwant Mahavidyalaya, Wardha. The caste certificate issued by the competent Authority in favour of the petitioner was forwarded to the respondent No.1 – Committee for verification, along with as many as 25 documents. However, the caste claim of the petitioner was invalidated on the ground that the petitioner has failed to establish sociocultural affinity and ethnic linkage with Mana subtribe of Gond Scheduled Tribe community. The Scrutiny Committee placed reliance upon the judgment of the Hon'ble Apex Court in the case of Dadaji alias Dina vrs. Sukhdeobabu and others, reported in 1980 S.C.R. 150. 3. In this regard, the controversy involved in this petition no longer remains res intergra in view of the decision of the Hon'ble Apex Court in the case of State of Maharashtra and others vrs. Mana Adim Jamat Mandal, reported in 2006 (4) SCC 98 . The Hon'ble Apex Court has in term held that, two judgments i.e. 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 Hon'ble Apex Court in the case of State of Maharashtra vrs. Milind Katware, reported in (2001) 1 SCC 4 . The Hon'ble Apex Court has held in the case of State of Maharashtra vrs. Mana Adim Jamat Mandal that each of the tribes specified in Entry No.18 must be deemed to be a separate tribe and not a subtribe of Gond. In view of this position, the order passed by the Scrutiny Committee 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 this position, the order passed by the Scrutiny Committee 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. Significantly, by no stretch of imagination, the forefathers of the candidate would have imagined that after 30 years the Presidential order would be promulgated and they would be described as Scheduled Tribe and therefore, they should write Scheduled Tribe with their particular caste or tribe. 5. In view of the aforesaid facts and circumstances, the following order is passed. [i] The writ petition is allowed. [ii] The order dated 10.12.2001 passed by the Committee for Scrutiny and Verification of Tribe Claims, Nagpur, is hereby quashed and set aside. [iii] The matter is remitted back to the Scrutiny and Verification of Tribe Claims, Nagpur, for fresh consideration of the matter on merits. [iv] The Scrutiny Committee to verify and scrutinize the claim of the petitioner and to decide the case of the petitioner in the light of the decision in the case of State of Maharashtra vrs. Mana Admit Jamat Mandal, within a period of six months from the date of appearance of the petitioner. [v] The Scrutiny Committee to issue notice to the petitioner within one month to secure the presence of the petitioner. Rule made absolute accordingly. No order as to costs.