Case Note & Summary
The petitioner, Ku. Vaishali Shamraji Hedaoo, was issued a validity certificate as Halba-Koshti on 19.04.2004 by the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, based on an interim order of the Supreme Court in State of Maharashtra v. Milind Katware. Subsequently, the Supreme Court reversed the judgment of the Bombay High Court and held that no evidence can be let in to establish that 'Koshti' or 'Halba Koshti' are 'Halba' covered by Entry No. 19 of the Constitution (Scheduled Tribe) Order, 1950. Consequently, the certificate dated 19.04.2004 was required to be cancelled. However, the Court clarified that this did not preclude the petitioner's claim on merits from being considered by the Scrutiny Committee. The writ petition was allowed, and the matter was remanded to the Committee for fresh scrutiny and verification of the petitioner's caste claim for Halba Scheduled Tribe category in accordance with the Maharashtra Act No. XXIII of 2001 and the Rules framed thereunder. The petitioner was directed to appear before the Committee on 28.08.2017, and the Committee was to proceed in accordance with law. No order as to costs.
Headnote
A) Scheduled Tribes - Caste Certificate Validity - Halba Koshti - Entry No. 19 of Constitution (Scheduled Tribe) Order, 1950 - The petitioner was issued a validity certificate as Halba-Koshti based on an interim order of the Apex Court in State of Maharashtra v. Milind Katware. The Supreme Court subsequently held that no evidence can establish Koshti or Halba Koshti as Halba under Entry 19. The certificate was required to be cancelled, but the petitioner's claim on merits could be considered afresh by the Scrutiny Committee. (Paras 1-2)
B) Scheduled Tribes - Remand for Fresh Scrutiny - Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000 (Maharashtra Act No. XXIII of 2001) - The Court directed the respondent Committee to scrutinize and verify the petitioner's caste claim afresh for Halba Scheduled Tribe category in accordance with the Act and Rules, permitting the petitioner to file supporting documents. (Paras 2-3)
Issue of Consideration
Whether the petitioner's caste certificate as Halba-Koshti is valid in light of the Supreme Court's decision in State of Maharashtra v. Milind Katware, and whether the matter should be remanded for fresh scrutiny.
Final Decision
The writ petition is allowed. The respondent Committee is directed to scrutinize and verify the caste claim of the petitioner afresh for Halba Scheduled Tribe category in accordance with the provisions of the Maharashtra Act No. XXIII of 2001 and Rules framed thereunder. The petitioner to appear before the Committee on 28.08.2017. No order as to costs.
Law Points
- Caste certificate validity
- Scheduled Tribe claim
- Halba Koshti
- Entry No. 19 of Constitution (Scheduled Tribe) Order 1950
- Maharashtra Act No. XXIII of 2001
Case Details
2017 LawText (BOM) (07) 154
WRIT PETITION NO. 4920 OF 2004
R. K. DESHPANDE, Mrs. SWAPNA JOSHI
Shri N.C.Phadnis for Petitioner; Ms. Geeta Tiwari, Asstt. Govt. Pleader for Respondents
Ku. Vaishali Shamraji Hedaoo
State of Maharashtra, through Secretary, Ministry of Tribal Welfare Department, Mantralaya, Mumbai-400 032; Dy. Director & Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, Amravati
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the validity of a caste certificate and seeking fresh scrutiny.
Remedy Sought
The petitioner sought cancellation of the earlier validity certificate and direction for fresh scrutiny of her caste claim.
Filing Reason
The Supreme Court in State of Maharashtra v. Milind Katware held that Koshti or Halba Koshti cannot be considered as Halba under Entry 19 of the Constitution (Scheduled Tribe) Order, 1950, necessitating cancellation of the certificate issued to the petitioner.
Previous Decisions
The petitioner was issued a validity certificate as Halba-Koshti on 19.04.2004 based on an interim order of the Supreme Court in State of Maharashtra v. Milind Katware.
Issues
Whether the caste certificate issued to the petitioner as Halba-Koshti is valid in light of the Supreme Court's decision in State of Maharashtra v. Milind Katware.
Whether the matter should be remanded to the Scrutiny Committee for fresh consideration of the petitioner's claim for Halba Scheduled Tribe category.
Submissions/Arguments
The petitioner's counsel argued that the certificate was issued based on an interim order of the Supreme Court, which has now been reversed.
The respondent State submitted that the certificate must be cancelled in view of the Supreme Court's decision.
Ratio Decidendi
The Supreme Court's decision in State of Maharashtra v. Milind Katware establishes that no evidence can be let in to show that Koshti or Halba Koshti are Halba under Entry 19 of the Constitution (Scheduled Tribe) Order, 1950. Therefore, the certificate issued based on an interim order must be cancelled, but the petitioner's claim on merits can be considered afresh by the Scrutiny Committee.
Judgment Excerpts
The Apex Court has in the aforesaid decision, reversed the judgment of this Court and it is held that no evidence can let in to establish that 'Koshti' or 'Halba Koshti' are the 'Halba' covered by Entry No. 19 of the Constitution (Scheduled Tribe) Order, 1950.
The certificate dated 19.04.2004 issued by the Committee is, therefore, required to be cancelled.
The matter will have to be sent back to the Scrutiny Committee for scrutiny and verification of the caste claim of the petitioner for Halba – Scheduled Tribe category.
Procedural History
The petitioner was issued a validity certificate as Halba-Koshti on 19.04.2004 by the Scrutiny Committee based on an interim order of the Supreme Court in State of Maharashtra v. Milind Katware. Subsequently, the Supreme Court reversed the judgment of the Bombay High Court, holding that Koshti or Halba Koshti are not Halba under Entry 19. The petitioner then filed the present writ petition seeking cancellation of the certificate and fresh scrutiny.
Acts & Sections
- Constitution (Scheduled Tribe) Order, 1950: Entry No. 19
- Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000:
