RAMESH Vs. VICE-CHANCELLOR/MEMBER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of learned counsel for the parties. Rejection of caste-claim of 'Mana' Scheduled Tribe vide impugned common order dated 09/05/2018 has occasioned the petitioners to invoke writ jurisdiction of this Court in terms of Articles 226 and 227 of Constitution of India. The petitioners are father and son whose caste-claims were simultaneously tested and rejected by common order on similar grounds. Hence we prefer to decide both these writ petitions together.

(2.) The petitioners are claiming to be belonging to 'Mana' Scheduled Tribe which is an entry at Serial No. 18 of the Constitution (Scheduled Tribes) Order, 1950. The claim of the petitioner-Ramesh was forwarded for verification and issuance of validity certificate through his employer whilst the claim of petitioner Rishikesh (son of Ramesh) was forwarded through College for verification. The Vigilance Enquiry was conducted for assessing the work of petitioners' caste-claim. During Vigilance Enquiry the genuineness of the documents tendered by the petitioners was verified as well as Vigilance Officer has collected some adverse entries. Vigilance report was forwarded to the petitioners seeking their explanation. The petitioners have denied the relationship of one Sitaram whose caste entry is mentioned as Mana Kunbi. After assessing the entire material the respondent-Scrutiny Committee has rejected the petitioners' caste-claim.

(3.) The petitioners have produced in all twenty documents to support their caste-claim. All the documents bear entry of Mana caste which are ranging from the year 1928 till 2017. In those documents three documents are pre Constitutional one. One is Kotwal Book of petitioner's (Ramesh) grandfather Paiku dated 18/08/1928 showing entry of Mana caste. So also reliance is placed on another Kotwal book extract dated 31/08/1930 of Paiku showing entry of Mana caste.