Case Note & Summary
The petitioner, Durga Namdeo Dodke, claimed to belong to the 'Mana' Scheduled Tribe. She submitted her tribe certificate to the respondent, the Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli, for scrutiny and issuance of validity. By order dated 06.02.2014, the Committee rejected her claim and refused to grant validity to the tribe certificate. The sole ground for rejection was that the word 'Mana' is not exclusively indicative of the 'Mana' tribe and that there are other non-tribe communities known as Mana, Badawaik Mana, Khand Mana, Kshatriya Mana, Kunbi Mana, Mani/Mane, etc., which are not tribe communities. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The petitioner's counsel argued that the ground taken by the Committee was not sustainable in law in view of the judgment in Gajanan Pandurang Shende Vs. Head Master, Govt. Ashram School, Dongargaon Salod and ors., reported in 2018(2) Mh.L.J. 460. The Additional Government Pleader submitted that an appropriate order would have to be passed in view of the law laid down in that case. The Court considered the submissions and found that the Committee had not considered the documentary evidence on record, which included consistent entries as 'Mana' in the documents of relatives from the paternal family of the petitioner. The Court held that the ground of non-exclusive indicia alone cannot be a valid reason to reject the claim, especially when there is documentary evidence supporting the claim. The Court set aside the impugned order dated 06.02.2014 and remitted the matter back to the Scrutiny Committee for fresh consideration. The Committee was directed to consider the documentary evidence on record and pass a reasoned order in accordance with law within three months from the date of the order. The writ petition was allowed in these terms.
Headnote
A) Scheduled Tribes - Tribe Certificate Validity - Scrutiny of Claims - The Scrutiny Committee rejected the petitioner's claim for validity of her 'Mana' tribe certificate solely on the ground that the word 'Mana' is not exclusively indicative of the 'Mana' Scheduled Tribe and there are other non-tribe communities with similar nomenclature. The Court held that such a ground is not sustainable in law in view of the judgment in Gajanan Pandurang Shende Vs. Head Master, Govt. Ashram School, Dongargaon Salod and ors., 2018(2) Mh.L.J. 460. The Court set aside the impugned order and remitted the matter for fresh consideration, directing the Committee to consider the documentary evidence on record and pass a reasoned order within three months. (Paras 3-6)
Issue of Consideration
Whether the Scheduled Tribe Caste Certificate Scrutiny Committee can reject a claim for validity of a tribe certificate solely on the ground that the word 'Mana' is not exclusively indicative of the 'Mana' Scheduled Tribe and there exist other non-tribe communities with similar nomenclature.
Final Decision
The Court allowed the writ petition, set aside the impugned order dated 06.02.2014, and remitted the matter back to the Scrutiny Committee for fresh consideration. The Committee was directed to consider the documentary evidence on record and pass a reasoned order in accordance with law within three months from the date of the order.
Law Points
- Scrutiny of tribe certificates
- burden of proof
- consideration of documentary evidence
- exclusive indicia of tribe status
