Case Note & Summary
The applicant, Niranjan Laxminarayan Yeddeloo, an employee of the Maharashtra State Electricity Transmission Company Limited (respondent No. 3), filed a review petition against the judgment dated 09.04.2009 in Writ Petition No. 1505 of 2006. The Supreme Court, in Special Leave Petition (Civil) 11159 of 2009, permitted the filing of the review and requested the High Court to have a fresh look, noting that the earlier judgment had not considered the Division Bench decision in Anil Ramdas Mede v. State of Maharashtra (Writ Petition No. 5090 of 2003 decided on 26.08.2004), which held that Telugu is a language and not a caste. The petitioner had sought a caste certificate as belonging to the Mannewar Scheduled Tribe, but the Scrutiny Committee had rejected his claim based on certain documents showing Telugu as his caste. The petitioner argued that the Scrutiny Committee overlooked documents at Sr. Nos. 2, 3, 7 & 9 which recorded his caste as Mannewar, and that the view in Anil Ramdas Mede was not considered. The High Court, after hearing the parties, found that the earlier judgment had indeed overlooked the binding precedent that Telugu is a language and not a caste. The court also noted that the Scrutiny Committee had failed to independently consider the documents showing Mannewar caste. Consequently, the court allowed the review petition, set aside the earlier judgment, and remitted the matter to the Scrutiny Committee for fresh consideration in light of the observations made.
Headnote
A) Review Petition - Maintainability - Overlooking Binding Precedent - The Supreme Court permitted filing of review petition when earlier judgment was questioned in SLP, as the judgment in Anil Ramdas Mede v. State of Maharashtra holding Telugu to be a language and not a caste was not considered - Held that review is maintainable to correct error apparent on record (Paras 1-3). B) Scheduled Tribe - Caste Certificate - Telugu as Language - Telugu is an official language under Schedule VIII of the Constitution of India and not a caste - The Division Bench in Anil Ramdas Mede v. State of Maharashtra (Writ Petition No. 5090 of 2003) and subsequent decisions in Ajay Ramdas Mede v. State of Maharashtra and Mohit Suresh Mede v. State of Maharashtra have consistently held that Telugu is not a caste - Held that documents showing Telugu as caste cannot override other documents showing Mannewar caste (Paras 3-4). C) Scheduled Tribe - Caste Scrutiny - Independent Consideration of Documents - The Scrutiny Committee must independently and impartially consider all documents, including those at Sr. Nos. 2, 3, 7 & 9 which recorded caste as Mannewar - Failure to do so amounts to failure to exercise jurisdiction - Held that the review petition is allowed and the matter is remitted to the Scrutiny Committee for fresh consideration (Paras 3-5).
Issue of Consideration
Whether the review petition should be allowed because the earlier judgment did not consider the Division Bench ruling in Anil Ramdas Mede v. State of Maharashtra that Telugu is a language and not a caste, and whether the Scrutiny Committee failed to independently consider documents showing the petitioner's caste as Mannewar.
Final Decision
The review petition is allowed. The judgment dated 09.04.2009 in Writ Petition No. 1505 of 2006 is set aside. The matter is remitted to the Scheduled Tribe Castes Certificate Scrutiny Committee for fresh consideration in light of the observations made in this judgment.
Law Points
- Review petition maintainable when earlier judgment overlooked binding precedent
- Telugu is a language under Schedule VIII of Constitution and not a caste
- documents showing caste as Mannewar must be independently considered
