Case Note & Summary
The Petitioner, Bankimchandra Makanbhai Patel, claimed to belong to the Dhodia tribe, which is recognized as a Scheduled Tribe under Article 342(1) of the Constitution of India in both the State of Gujarat and the State of Maharashtra. The Petitioner's father was born in village Pitha, Taluka Chikhali, District Valsad, now in Gujarat, and was employed with the Western Railway since 23.1.1976. The Petitioner was born on 15.8.1979 at the same village. Their caste was recorded as 'Hindu Dhodia'. The Petitioner obtained a domicile certificate from the Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai on 4.2.1997, stating he was a domicile of Maharashtra. He sought admission to an Engineering degree course and applied to the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane (Respondent No. 2) for validation of his tribe certificate. The Committee invalidated the certificate, holding that the Petitioner was a migrant from Gujarat and thus not entitled to benefits in Maharashtra. The Petitioner challenged this order in Writ Petition No. 4897 of 1997, which was admitted and interim relief was granted. The present Writ Petition No. 5431 of 2005 was filed seeking similar relief. The Court held that since the Dhodia tribe is recognized as a Scheduled Tribe in both States, the mere fact of migration does not disentitle the Petitioner from claiming benefits in Maharashtra. The Court allowed the petition, quashed the Committee's order, and directed the Committee to validate the Petitioner's tribe certificate and grant him the benefits of reservation.
Headnote
A) Scheduled Tribes - Migration - Entitlement to Benefits - Article 342(1) Constitution of India - Petitioner, a Dhodia tribe member, migrated from Gujarat to Maharashtra - Dhodia tribe is recognized as Scheduled Tribe in both States - Held that the Scrutiny Committee erred in invalidating the certificate solely on ground of migration; the Petitioner is entitled to benefits in Maharashtra (Paras 2-3).
Issue of Consideration
Whether a person belonging to a Scheduled Tribe recognized in both the State of origin and the State of migration is entitled to the benefits of reservation in the State of migration.
Final Decision
The Court allowed the writ petition, quashed the order of the Scrutiny Committee dated invalidating the certificate, and directed the Committee to validate the Petitioner's tribe certificate and grant him the benefits of reservation in the State of Maharashtra.
Law Points
- Scheduled Tribe certificate validity
- migrant from another state
- Article 342(1) Constitution of India
- Dhodia tribe
- benefits in State of Maharashtra
