Case Note & Summary
The petitioner, a minor at the time of filing through her father, challenged the decision of the Committee for Scrutiny and Verification of Tribe Claims, Pune, dated 19th September 1998, which rejected her claim of belonging to the Mannervarlu Scheduled Tribe. The petitioner argued that the Committee failed to consider crucial documentary evidence, including the service record of her father showing his caste as Mannervarlu and the fact that her blood relations had been recognized as belonging to the same tribe. The Committee had relied on the father's school leaving certificate where his caste was shown as 'Telgu', which the petitioner contended is a language, not a tribe. The Committee also held that Mannervarlu is not a separate tribe but a synonym of Kolam (Scheduled Tribe at serial no.27). The petitioner pointed out that a Division Bench of the Bombay High Court in Writ Petition No.471 of 1998 had already held that Mannervarlu is an independent Scheduled Tribe. The court found that the Committee's finding that Mannervarlu is a synonym of Kolam was perverse and contrary to the Division Bench ruling. The court allowed the petition, quashed the Committee's order, and directed the Committee to reconsider the petitioner's claim afresh, taking into account the documentary evidence and the legal position that Mannervarlu is an independent Scheduled Tribe.
Headnote
A) Scheduled Tribes - Caste Claim - Mannervarlu as Independent Tribe - The Committee's finding that Mannervarlu is a synonym of Kolam is perverse and contrary to a Division Bench ruling of the same Court in Writ Petition No.471 of 1998, which held Mannervarlu to be an independent Scheduled Tribe. (Paras 1-2) B) Evidence - Documentary Evidence - Service Record - The Committee ought to have considered the service record of the petitioner's father showing caste as Mannervarlu, and the fact that blood relations of the petitioner have been held to belong to Mannervarlu. (Para 1) C) Evidence - School Certificate - Entry of 'Telgu' as Language - The entry 'Telgu' in the father's school leaving certificate is a language and cannot be treated as a caste or tribe. (Para 1)
Issue of Consideration
Whether the Scrutiny Committee's rejection of the petitioner's claim as belonging to Mannervarlu (Scheduled Tribe) is sustainable in law.
Final Decision
The petition is allowed. The order of the Committee dated 19th September 1998 is quashed and set aside. The Committee is directed to reconsider the petitioner's claim afresh in the light of the observations made in the judgment and in accordance with law.
Law Points
- Mannervarlu is an independent Scheduled Tribe
- not a synonym of Kolam
- Committee's finding perverse
- documentary evidence of father's service record and blood relations must be considered
- school certificate entry of 'Telgu' as language cannot be treated as caste.
