Case Note & Summary
The petitioner, Premlal s/o Poonamsingh Maria, was issued a caste certificate on 21-6-1988 by the Executive Magistrate, Nagpur, certifying him as belonging to the Gond Scheduled Tribe. The Committee for Scrutiny and Verification of Tribe Claims at Nagpur validated the certificate on 27-8-2003, but added a clause that as per the Maharashtra Act No. XXIII of 2001, the petitioner is not entitled to any concessions or facilities extended to Scheduled Tribes by the Government of Maharashtra. The petitioner challenged this condition, seeking a declaration that he is entitled to such concessions. The petitioner's father was born in Dongargarh, District Rajnandgaon (now in Chhattisgarh) and migrated to Nagpur for employment. The Court considered the issue of whether a person with a valid Scheduled Tribe certificate in Maharashtra can claim concessions if the tribe is not recognized as a Scheduled Tribe in the state of origin. The Court analyzed the provisions of the Maharashtra Act and relevant precedents. The Court held that the condition imposed by the Committee was valid and in accordance with law, as the petitioner's tribe (Gond) is not recognized as a Scheduled Tribe in the State of Chhattisgarh (the state of origin). Therefore, the petitioner is not entitled to the concessions and facilities available to Scheduled Tribes in Maharashtra. The petition was dismissed.
Headnote
A) Scheduled Tribes - Validity of Caste Certificate - Entitlement to Concessions - Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) Caste Certificate Act, 2000 (Maharashtra Act No. XXIII of 2001) - The petitioner's caste certificate for Gond (Scheduled Tribe) was held valid by the Scrutiny Committee, but a condition was imposed that the petitioner is not entitled to concessions/facilities extended to Scheduled Tribes by the Government of Maharashtra. The Court examined whether such condition is sustainable. (Paras 1-3)
Issue of Consideration
Whether a person holding a valid Scheduled Tribe certificate issued in Maharashtra is entitled to concessions and facilities in the State of Maharashtra if the tribe is not recognized as Scheduled Tribe in the State of origin?
Final Decision
The petition is dismissed. The condition imposed by the Committee is upheld.
Law Points
- Scheduled Tribe certificate validity
- migration from other states
- entitlement to concessions
- Maharashtra Act No. XXIII of 2001
- Gond tribe
Case Details
2017 LawText (BOM) (07) 165
Writ Petition No.4533 of 2005
R.K. Deshpande, Mrs. Swapna Joshi
Shri P.V. Thakre for Petitioner, Shri S.M. Ukey for Respondent Nos.1 and 2
Premlal s/o Poonamsingh Maria
State of Maharashtra, Committee for Scrutiny & Verification of Tribe Claims, Maharashtra State
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Nature of Litigation
Writ petition challenging condition in caste certificate validity order that denies concessions to Scheduled Tribes in Maharashtra.
Remedy Sought
Declaration that petitioner is entitled to concessions/facilities available to Scheduled Tribes in Maharashtra.
Filing Reason
The Scrutiny Committee validated the petitioner's caste certificate but imposed a condition that he is not entitled to concessions/facilities extended to Scheduled Tribes by the Government of Maharashtra.
Previous Decisions
Caste certificate dated 21-6-1988 issued by Executive Magistrate, Nagpur; validity certificate dated 27-8-2003 granted by Committee for Scrutiny and Verification of Tribe Claims, Nagpur, with the disputed condition.
Issues
Whether the condition imposed by the Scrutiny Committee that the petitioner is not entitled to concessions/facilities for Scheduled Tribes in Maharashtra is valid?
Submissions/Arguments
Petitioner argued that his caste certificate was valid and he should be entitled to all concessions.
Respondents argued that the petitioner's tribe is not recognized as Scheduled Tribe in the state of origin (Chhattisgarh), hence no entitlement to concessions in Maharashtra.
Ratio Decidendi
A person holding a valid Scheduled Tribe certificate in Maharashtra is not entitled to concessions and facilities in the State if the tribe is not recognized as a Scheduled Tribe in the State of origin, as per the provisions of the Maharashtra Act No. XXIII of 2001.
Judgment Excerpts
The caste certificate dated 21-6-1988 issued by the Executive Magistrate, Nagpur, is held to be valid by the Committee for Scrutiny and Verification of Tribe Claims at Nagpur and certificate validity dated 27-8-2003 is granted stating that the claim of the petitioner belonging to Gond (Scheduled Tribe) is held valid.
However, the certificate of validity further incorporates a clause that as per the provisions of the Maharashtra Act No.XXIII of 2001, the petitioner is not entitled to any concessions/facilities extended to the Scheduled Tribes by the Government of Maharashtra.
Procedural History
The petitioner filed a writ petition in the High Court of Bombay at Nagpur challenging the condition in the validity certificate dated 27-8-2003. The petition was reserved on 20-6-2017 and judgment pronounced on 14-7-2017.
Acts & Sections
- Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) Caste Certificate Act, 2000:
