Case Note & Summary
The petitioner, Surendra Murlidhar Kopulwar, filed a writ petition challenging the order dated 6-7-2021 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, which invalidated his claim of belonging to the 'Mannewar' Scheduled Tribe. The petitioner had claimed that he belongs to the 'Mannewar' Scheduled Tribe. The Scrutiny Committee found that pre-constitutional documents from the paternal side showed different statuses such as 'Telangi', 'Manewar', 'Telgu', and 'Telgu Manwar', and that in two documents the word 'Telgu' was scored out, allegedly by deliberate interference by relatives. The High Court, per Sunil B. Shukre and Anil L. Pansare, JJ., held that there was no material on record to support the conclusion that the petitioner or his relatives were responsible for the scoring out, and that the remark was based on no evidence and was perverse. The Court also noted that the entries were not confusing but showed a consistent pattern of 'Mannewar'. The Court set aside the impugned order and directed the Scrutiny Committee to reconsider the matter afresh, giving the petitioner an opportunity to be heard. The petition was allowed.
Headnote
A) Service Law - Scheduled Tribe Certificate - Validity of Scrutiny Committee Order - The Scrutiny Committee invalidated the petitioner's claim of belonging to 'Mannewar' Scheduled Tribe based on confusing entries in pre-constitutional documents and alleged deliberate interference by relatives - The High Court found that the finding of deliberate interference was based on no evidence and was perverse, and that the entries were not confusing but showed a consistent pattern of 'Mannewar' - Held that the order was unsustainable and set aside (Paras 2-3).
Issue of Consideration
Whether the Scrutiny Committee's order invalidating the petitioner's claim of belonging to 'Mannewar' Scheduled Tribe is sustainable in law.
Final Decision
The impugned order dated 6-7-2021 passed by the Scrutiny Committee is set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration, giving the petitioner an opportunity of hearing. Rule is made absolute accordingly.
Law Points
- Perverse finding
- no evidence
- pre-constitutional documents
- Scheduled Tribe claim
- Mannewar
- Telangi
- Telgu
- Scrutiny Committee
- Writ Petition
