Purushottam Babulal Gurde v. State of Maharashtra, through its Secretary, Department of Social Welfare
2017-07-18
R.K.DESHPANDE, SWAPNA JOSHI
body2017
DigiLaw.ai
JUDGMENT : R.K. DESHPANDE, J. 1. The claim of the petitioner for Mana, a recognized Scheduled Tribe in Entry No. 19 of the Constitution (Scheduled Tribes) Order, 1950, has been invalidated by the Scheduled Tribe Caste Certificate Scrutiny Committee at Nagpur by its order dated 02.01.2006. The petitioner who was appointed in the vacancy reserved for Scheduled Tribe candidate on 25.07.1994 as Workshop Attendant in the Industrial Training Institute at Deori, Disttt. Gondia, apprehended the termination from service and therefore, filed this writ petition. 2. The matter was admitted on 04.10.2007 and the interim order was passed in terms of prayer clause (b), staying the operation of the order passed by the Scrutiny Committee. 3. The Scrutiny Committee holds that the caste of the father of the petitioner is recorded as ‘Kunbi’ and the contention that there was mistake in recording such entry has been rejected. The petitioner has filed certain other documents in support of his claim for Mana-Scheduled Tribe. The Committee also records the finding that the forefathers of the petitioner and other relatives hailed from Lanji, District Balaghat in the State of Madhya Pradesh and it seems that the petitioner is a ‘migrant’ in the State of Maharashtra. It is on this count also, the claim of the petitioner is rejected. 4. It is not possible for us to sustain the order passed by the Scrutiny Committee for the reason that it fails to consider several documents placed on record by the petitioner in support of his claim for Mana Scheduled Tribe category. If the petitioner is to be treated as a ‘migrant’, the Committee has to specifically records the finding in respect of date on which the petitioner or his ancestral migrated in the State of Maharashtra from the State of Madhya Pradesh. It is not in dispute that the area in which the petitioner resided prior to 1950 and the area in which the petitioner is now residing in the State of Maharashtra constitute a part of Central Provinces and Berar. This fact along with the date of migration of the petitioner is also required to be taken into consideration if the petitioner is to be denied the claim as a ‘migrant’ in the State of Maharashtra. We find that the Scrutiny Committee has failed to record findings on all material aspects of the matter.
This fact along with the date of migration of the petitioner is also required to be taken into consideration if the petitioner is to be denied the claim as a ‘migrant’ in the State of Maharashtra. We find that the Scrutiny Committee has failed to record findings on all material aspects of the matter. The order of the Committee cannot, therefore, be sustained and it will have to be quashed and set aside with an order of remand. 5. In the result, the writ petition is allowed. The order dated 02.01.2006 passed by the Scrutiny Committee is hereby quashed and set aside. The matter is remanded back to the Scrutiny Committee for decision afresh in accordance with law. The petitioner to appear before the said Committee on 28.08.2017. The Committee to decide the caste claim within a period of one year thereafter. No order as to costs.