Case Note & Summary
The petitioner, Gajanan s/o Pandurang Shende, challenged the order dated 23-2-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, which invalidated his claim for 'Mana' Scheduled Tribe and cancelled his caste certificate dated 28-4-2011. The petitioner had produced six documents before the Committee, all recording his caste and that of his blood relatives as 'Mana'. The oldest document was a revenue record of 1919-20 in the name of his real grandfather, Patralya Bijya. Another document was the school leaving certificate of his father, with an entry 'Mana' made on 14-1-1946 at the time of admission. The petitioner also produced a caste validity certificate dated 19-10-2005 in the name of his cousin brother Ramesh Sabalu, and another validity certificate dated 25-11-2010 in the name of his cousin sister Giraja Kawadu, both issued by the same Committee certifying their claim for 'Mana' Scheduled Tribe. The Police Vigilance Cell of the Committee conducted an enquiry and concluded that the documents showed the petitioner's caste as 'Mana'. Despite this, the Committee recorded a finding that the entries in school and revenue records of blood relatives from 1919-20 to 1946 consistently recorded the caste 'Mana', but still invalidated the petitioner's claim. The High Court held that the Committee's order was perverse and unsustainable, as it ignored the documentary evidence and the prior validity certificates of blood relatives. The court quashed the impugned order and directed the Committee to restore the petitioner's caste certificate.
Headnote
A) Caste Certificate - Scheduled Tribe Claim - 'Mana' Caste - Constitution (Scheduled Tribes) Order, 1950 Entry 18 - Scrutiny Committee invalidated petitioner's caste certificate despite producing six documents consistently recording caste as 'Mana' from 1919-20 to 1946, including revenue record of grandfather and school leaving certificate of father, and two validity certificates of cousin brother and cousin sister issued by the same Committee - Held that the Committee's order was perverse and unsustainable as it ignored the documentary evidence and prior validity certificates (Paras 1-4).
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee was justified in invalidating the petitioner's claim for 'Mana' Scheduled Tribe despite consistent documentary evidence from 1919-20 to 1946 and prior validity certificates issued to blood relatives.
Final Decision
The High Court allowed the petition, quashed the impugned order dated 23-2-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, and directed the Committee to restore the petitioner's caste certificate dated 28-4-2011.
Law Points
- Caste certificate scrutiny
- Scheduled Tribe claim
- 'Mana' caste
- validity of documentary evidence
- prior validity certificates of blood relatives
- Constitution (Scheduled Tribes) Order 1950 Entry 18
Case Details
2017 LawText (BOM) (11) 149
Writ Petition No.3308 of 2013
R.K. Deshpande, M.G. Giratkar
Ms P.D. Rane for Petitioner; Shri V.P. Gangane, Assistant Government Pleader for Respondent Nos.2 to 4
Gajanan s/o Pandurang Shende
The HeadMaster, Govt. Ashram School, Dongargaon Salod; The Project Officer, Tribal Project, Chandrapur; The Additional Tribal Commissioner, Tribal Division, Nagpur; The Scheduled Tribe Caste Certificate Scrutiny Committee, Gadchiroli
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Nature of Litigation
Writ petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's claim for 'Mana' Scheduled Tribe and cancelling his caste certificate.
Remedy Sought
Quashing of the Committee's order dated 23-2-2013 and restoration of the caste certificate.
Filing Reason
The Committee invalidated the petitioner's claim for 'Mana' Scheduled Tribe despite consistent documentary evidence and prior validity certificates of blood relatives.
Previous Decisions
The Committee passed an order dated 23-2-2013 invalidating the claim and cancelling the certificate dated 28-4-2011.
Issues
Whether the Scrutiny Committee's order invalidating the petitioner's Scheduled Tribe claim was perverse and unsustainable in light of the documentary evidence and prior validity certificates.
Submissions/Arguments
Petitioner argued that he produced six documents consistently recording caste as 'Mana', including revenue record of 1919-20 and school leaving certificate of father from 1946, and two validity certificates of blood relatives issued by the same Committee.
Respondents argued in support of the Committee's order.
Ratio Decidendi
The Scrutiny Committee's order was perverse and unsustainable as it ignored the consistent documentary evidence from 1919-20 to 1946 recording the caste as 'Mana' and the prior validity certificates issued to the petitioner's blood relatives by the same Committee.
Judgment Excerpts
The challenge in this petition is to the order dated 23-2-2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, Division Nagpur, invalidating the claim of the petitioner for 'Mana' (Scheduled Tribe Category) and consequently cancelling and confiscating the certificate dated 28-4-2011 issued in the name of the petitioner as belonging to 'Mana', Scheduled Tribe, which is an Entry No.18 in the Constitution (Scheduled Tribes) Order, 1950.
The Committee records the finding that the entries in the school and revenue records of the blood relatives of the petitioner for the period from 1919-20 to 1946 consistently records the caste 'Mana'.
Procedural History
The petitioner filed Writ Petition No.3308 of 2013 before the Bombay High Court, Nagpur Bench, challenging the order dated 23-2-2013 of the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli. The petition was heard and decided on 8th November 2017.
Acts & Sections
- Constitution (Scheduled Tribes) Order, 1950: Entry 18
