Case Note & Summary
The petitioner, Purushottam Babulal Gurde, filed a writ petition challenging the order dated 02.01.2006 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, which invalidated his claim for Mana, a recognized Scheduled Tribe under Entry 19 of the Constitution (Scheduled Tribes) Order, 1950. The petitioner was appointed as a Workshop Attendant in the Industrial Training Institute at Deori, District Gondia, on 25.07.1994 in a vacancy reserved for Scheduled Tribe candidates. Apprehending termination of service due to the Committee's order, he approached the High Court. The Committee had rejected his claim on two grounds: first, that his father's caste was recorded as 'Kunbi' and the petitioner's contention of a mistake was rejected; second, that the petitioner's forefathers hailed from Lanji, District Balaghat in Madhya Pradesh, making him a migrant in Maharashtra. The petitioner argued that the Committee failed to consider several documents he had placed on record in support of his claim. The High Court, after hearing the parties, found that the Committee's order was unsustainable as it did not consider the documents submitted by the petitioner. The court also noted that the issue of migrant status required proper consideration under the relevant notification. Consequently, the High Court quashed the Committee's order and remanded the matter for fresh consideration, directing the Committee to decide the claim afresh after giving an opportunity of hearing to the petitioner. The interim order staying the operation of the Committee's order was directed to continue until the fresh decision.
Headnote
A) Scheduled Tribes - Caste Certificate Scrutiny - Validity of Claim - Constitution (Scheduled Tribes) Order, 1950, Entry 19 - The Scrutiny Committee invalidated the petitioner's claim for Mana Scheduled Tribe based on father's caste entry as 'Kunbi' and petitioner's migrant status from Madhya Pradesh. The High Court held that the Committee failed to consider several documents placed on record and the issue of migrant status requires specific notification. The order was quashed and remanded for fresh consideration. (Paras 1-6) B) Scheduled Tribes - Migrant Status - Constitution (Scheduled Tribes) Order, 1950 - The Committee rejected the claim on the ground that the petitioner is a migrant from Madhya Pradesh. The High Court noted that the issue of migrant status requires consideration of the relevant notification under the Constitution (Scheduled Tribes) Order, 1950. (Paras 3-6)
Issue of Consideration
Whether the Scheduled Tribe Caste Certificate Scrutiny Committee's order invalidating the petitioner's claim for Mana Scheduled Tribe is sustainable when it fails to consider several documents and relies on the father's caste entry as 'Kunbi' and the petitioner's migrant status.
Final Decision
The High Court quashed the order dated 02.01.2006 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, and remanded the matter for fresh consideration. The Committee is directed to decide the claim afresh after giving an opportunity of hearing to the petitioner. The interim order staying the operation of the Committee's order shall continue until the fresh decision.
Law Points
- Scrutiny Committee must consider all documents placed on record
- Caste claim cannot be rejected solely on basis of father's entry as 'Kunbi' without considering other evidence
- Migrant status requires specific notification under Constitution (Scheduled Tribes) Order
- 1950
