Bhagyashree d/o Vinod Kelkar v. State of Maharashtra, Through its Secretary
2017-07-27
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.2 Committee for Scrutiny and Verification of Tribe Claims, Amravati, rendered on 20.7.2002, by which the caste certificate of the petitioner as belonging to ‘Raj’ Scheduled Tribe, issued by the SubDivisional Officer, Murtizapur on 1.7.1998 has been invalidated. 2. The petitioner was a student, at the relevant point of time. The petitioner claims that she belongs to ‘Raj’ community, which has been notified as a Scheduled Tribe at Sr. No.18 in the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra. The caste claim of the petitioner was referred to the Scrutiny Committee for the purpose of verification. The petitioner submitted in support of her tribe claim, fourteen documents including the documents pertaining to pre Constitution era, before the said Committee. However, the said Committee without considering those documents, passed the order invalidating the tribe claim of the petitioner mainly on the ground that the petitioner has failed to establish socio-cultural affinity and ethnic linkage with ‘Raj’ sub-tribe of ‘Gond’, Scheduled Tribe. The Committee observed, ‘Raj’ Scheduled Tribe has not been listed as an independent single entry, but it has been clubbed along with numerous of the synonyms and sub-tribes included in the Gond, Scheduled Tribe, listed at Sr. No.18.” The Committee further observed that the information provided by the petitioner about his family and community deities, marital ceremonies, family deity, the ceremonies observed after birth, rites performed after death, family and community deities of the family etc. do not resemble with that of ‘Raj’. The Committee relied upon the judgment of the Hon’ble Apex Court in the case of Dadaji @ Dina vs. Sukhdeo Babu & others, reported in 1980 S.C.R.150, wherein it has been held that “only the ‘Mana’ community having affiliation with the ‘Gond’ Scheduled Tribe will fall within the scope of the entry”. It is observed in the impugned order passed by the said Committee that the applicant could not bring out the distinct socio-cultural traits, customs and traditions prevalent in ‘Raj’ sub-tribe of ‘Gond’ Scheduled Tribe. Whatever information has been furnished by the applicant drifts away from that with regard to the traits and characteristics of ‘Raj’ sub-tribe of ‘Gond’ Scheduled Tribe community. Thus, the Scrutiny Committee rejected the tribe claim of the petitioner. 3.
Whatever information has been furnished by the applicant drifts away from that with regard to the traits and characteristics of ‘Raj’ sub-tribe of ‘Gond’ Scheduled Tribe community. Thus, the Scrutiny Committee rejected the tribe claim of the petitioner. 3. It is pertinent to note that the controversy involved in this petition is no more res integra, in view of the decision of the Hon’ble Apex Court, in the case of State of Maharashtra and others vs. Mana Adim Jamat Mandal, reported in 2006 (4) SCC 98 . The Hon’ble Apex Court has held that the judgments one in the case of Dina vs. Narayansingh, reported in (1968) 38 ELR 212 and, another, in the case of Dadaji @ Dina vs. Sukhdeo Babu, reported in (1980) 1 SCC 621 stand impliedly overruled by the decision of Constitution Bench of the Hon’ble Apex Court, in the case of State of Maharashtra vs. Milind, reported in 2001(1) SCC 4 . The Hon’ble Apex Court in State of Maharashtra vs. Mana Adim Jamat Mandal (supra) held that each of the tribes specified in Entry No.18 must be deemed to be a separate tribe and not sub-tribe of ‘Gond’. 4. Applying the principle laid down as above in Mana Adim Jamat Mandal’s case, we hold that tribe ‘Raj’ in Entry No.18 of the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra is an independent and separate tribe and not a sub-tribe of ‘Gond’ and the petitioner was not required to establish his affinity with ‘Gond’ Scheduled Tribe. Thus, the observations of the Committee that the petitioner has failed to establish his affinity with ‘Gond’ cannot be sustained and the order passed by the Scrutiny Committee is liable to be quashed and set aside. The Scrutiny Committee has to examine the case of the petitioner for ‘Raj’ Scheduled Tribe category, which is not a sub-tribe of ‘Gond’. 5. In view of the aforesaid fact-situation, the following order is passed: ORDER (i) The Writ Petition is partly allowed. (ii) The order dated 20.07.2002 passed by the respondent no. 2 Committee is hereby quashed and set aside. (iii) The matter is remanded back to the Respondent no.2 Committee to make enquiry afresh and decide the caste claim of the petitioner in accordance with law, keeping in view the observations made by this Court.
(ii) The order dated 20.07.2002 passed by the respondent no. 2 Committee is hereby quashed and set aside. (iii) The matter is remanded back to the Respondent no.2 Committee to make enquiry afresh and decide the caste claim of the petitioner in accordance with law, keeping in view the observations made by this Court. (iv) The petitioner to appear before the Committee on 11th September, 2017. (v) The Respondent no.2 Committee shall decide the caste claim within a period of one year from the date of first appearance of the petitioner before the Committee. (vi) Rule made absolute accordingly. No order as to costs.