Case Note & Summary
The petitioner, Govind Shivram Chikhale, filed a Writ Petition challenging an order dated 10th January 2008 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, which rejected his caste claim as 'Mahadev Koli' (Scheduled Caste) and directed cancellation of the certificate issued by the Executive Magistrate, Malegaon. The petition was admitted on 19th March 2008 without interim relief. During the proceedings, the petitioner's counsel placed on record a Government Resolution dated 25th June 2008, which included the caste 'TaruNavadi' in the State list of Scheduled Tribes at item No.25, entry No.18. The learned AGP conceded that 'TaruNavadi' is in the list of Scheduled Nomadic Tribes. The petitioner also submitted that his relatives' certificates reflected the caste as 'Hindu Taru'. Considering the subsequent development and to give the petitioner an opportunity to claim caste based on the new Government Resolution, the Court set aside the impugned order and directed the Scrutiny Committee to redecide the caste claim afresh, keeping all contentions open. The Court observed that there was no other remedy available to the petitioner to claim the caste 'TaruNavadi'.
Headnote
A) Caste Certificate - Scheduled Tribe - Scrutiny Committee - Remand - The petitioner's caste claim as 'Mahadev Koli' was rejected by the Scrutiny Committee. Subsequently, a Government Resolution dated 25th June 2008 included 'TaruNavadi' in the list of Scheduled Tribes. The Court set aside the impugned order and remanded the matter for fresh consideration, allowing the petitioner to claim caste based on the new notification. (Paras 2-6)
Issue of Consideration
Whether the impugned order of the Scheduled Tribe Certificate Scrutiny Committee rejecting the petitioner's caste claim as 'Mahadev Koli' should be set aside in light of a subsequent Government Resolution including 'TaruNavadi' in the list of Scheduled Tribes.
Final Decision
The impugned order dated 10th January 2008 is set aside. The matter is remanded to the Scheduled Tribe Certificate Scrutiny Committee to redecide the caste claim of the petitioner based on the Government Resolution dated 25th June 2008, keeping all contentions open.
Law Points
- Caste claim
- Scheduled Tribe
- Scrutiny Committee
- Government Resolution
- Remand
- Opportunity of hearing
Case Details
2017 LawText (BOM) (05) 93
WRIT PETITION NO. 1819 OF 2008
Anoop V. Mohta, M.S. Karnik
Mr. H.S. Venegavkar a/w. Mr. Tejas Dhotre for Petitioner, Mr. A.B. Vagyani G.P. with Mr. P.G. Sawant, AGP for State
The State of Maharashtra & Ors.
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Nature of Litigation
Writ Petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee rejecting the petitioner's caste claim.
Remedy Sought
Petitioner sought to set aside the impugned order and to have his caste claim reconsidered in light of a subsequent Government Resolution.
Filing Reason
The Scrutiny Committee rejected the petitioner's caste claim as 'Mahadev Koli' and directed cancellation of his caste certificate.
Previous Decisions
The Scrutiny Committee passed the impugned order on 10th January 2008. The High Court admitted the petition on 19th March 2008 but did not grant interim relief.
Issues
Whether the impugned order of the Scrutiny Committee should be set aside in view of the subsequent Government Resolution dated 25th June 2008 including 'TaruNavadi' in the list of Scheduled Tribes.
Submissions/Arguments
Petitioner's counsel placed on record Government Resolution dated 25th June 2008 showing inclusion of 'TaruNavadi' in the list of Scheduled Tribes.
Learned AGP conceded that 'TaruNavadi' is in the list of Scheduled Nomadic Tribes.
Petitioner submitted that his relatives' certificates reflect caste as 'Hindu Taru'.
Ratio Decidendi
When a subsequent Government Resolution includes a caste in the list of Scheduled Tribes, the Scrutiny Committee must reconsider the caste claim in light of the new notification, and the petitioner should be given an opportunity to claim the caste accordingly.
Judgment Excerpts
In view of above and taking overall view of the matter and for giving one more opportunity to the Petitioner and in view of the subsequent and substantive development of law and as the Petitioner is inclined to submit the case and claim the caste based upon the Government circular in question, we see no reason not to grant an opportunity in the interest of justice.
Therefore, we are inclined to interfere with order dated 10th January 2008, by keeping all contentions open of both the parties, and set aside the same with direction to redecide the caste claim of the Petitioner based upon the notification dated 25th June 2008.
Procedural History
The Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, passed the impugned order on 10th January 2008 rejecting the petitioner's caste claim. The petitioner filed Writ Petition No. 1819 of 2008 in the Bombay High Court, which was admitted on 19th March 2008 without interim relief. The petition was heard and disposed of on 30th May 2017.
Acts & Sections
