Bombay High Court
Mr.Thilok Sadashivrao Shende vs Bank Of Maharashtra on 31 July, 2017
Bench: R. K. Deshpande, Swapna Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 5434 OF 2010
Megha Rameshrao Mangle,
aged about 23 years, Occ. Student,
R/o. House No. 352, Unthakhana,
Medical College Road, Nagpur ...... PETITIONER
...VERSUS...
1] The President and Member of
Caste Scrutiny Committee for
Scheduled Tribe, Irwin Chowk,
Amravati.
2] The Principal,
G.H.Raisoni College of Engineering,
Digdoh Hills, Hingna Road,
Nagpur
3] The Director of Technical Education,
Maharashtra State,
3, Mahapalik Marg, Elphistone
Technical High School, Post Box No.1967,
Mumbai.
4] The Vice Chancellor,
Rashtrasant Tukdoji Maharaj Nagpur
University, Nagpur ...... RESPONDENTS
AND
WRIT PETITION NO. 1938 OF 2010
Rucha Rameshrao Mangle,
aged about 18 years, Occ. Student,
R/o. House No. 352, Unthakhana,
Medical College Road, Nagpur ...... PETITIONER
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...VERSUS...
1] The President and Member of
Caste Scrutiny Committee for
Scheduled Tribe, Irwin Chowk,
Amravati.
2] The Principal,
Nagpur College of Homeopathy
Biochemistry, Adam Shah Layout,
Jagnade Chow, Bhandara Road,
Nagpur
3] The Director of Medical and Technical Education,
3, Mahapalik Marg,
Mumbai.
4] The Vice Chancellor,
Rashtrasant Tukdoji Maharaj Nagpur
University, Nagpur ...... RESPONDENTS
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None for Petitioner.
Shri V.P.Maldhure and Shri N.S.Rao, Assistant Govt. Pleaders for
Respondent No.1
Shri J.B.Jaiswal, Advocate for Respondent No.5
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CORAM: R. K. DESHPANDE,
Mrs. SWAPNA JOSHI, JJ.
st
DATE : 31 JULY, 2017 .
ORAL JUDGMENT (P.C.)
1] The challenge in this petition is to the order dated 25.08.2009 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati, invalidating the caste claim of the petitioners for 'Mana - Scheduled Tribe' which is an entry ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:18:35 ::: 3 wp5434.10 + 1938.10.odt at Sr.No.18 in the Constitution (Scheduled Tribe) Order, 1950, in relation to the State of Maharashtra. The caste certificates dated 14.07.2005 and 07.08.2007 produced by the petitioners have been cancelled and confiscated. 2] None appears for the petitioners. With the assistance of the learned Assistant Government Pleader, we have gone through the order passed by the Committee. The Committee has relied upon only the single document in the name of Narmada Pandurang Mangare, showing the caste as 'Mani' in the School Admission Register entered on 01.07.1959. All other documents produced on record indicate the caste 'Mana'. The Committee has also relied upon the certificate of birth/death record in the name of parental relatives of the petitioner in which probably the surname of the person is mentioned as 'Manya' or 'Mani'. The Committee has not applied the affinity test and rejected the caste claim of the petitioners for 'Mana - Scheduled Tribe' category.
3] There is no finding recorded by the Committee that 'Manya' or 'Mani' is the independent caste or tribe or ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:18:35 ::: 4 wp5434.10 + 1938.10.odt sub-caste. In the absence of such finding, it is possible that the name of caste is not properly spelt out. The Committee has to apply the affinity test also and to record the finding as to whether 'Manya' or 'Mani' is a separate caste or tribe or sub-tribe in existence. In the absence of this, we cannot sustain the impugned order of the Committee and the matters will have to be sent back after setting aside the order. 4] In the result, the writ petitions are allowed. The order dated 25.08.2009 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati, is hereby quashed and set aside and the matters are remitted back to the Scheduled Tribe Certificate Scrutiny Committee, Amravati, for fresh consideration in the light of the observations made by this Court. The Committee to decide the matter afresh after giving notice to the petitioners and following the procedure prescribed under the law and Rules. No order as to costs.
JUDGE JUDGE
Rvjalit
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