AMARNATH Vs. SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for parties.

(2.) These petitions are directed against the decision and order dtd. 23/7/2019 of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar (for short the respondent Committee), respondent No. 1 in these petitions, invalidating the Caste Certificate dtd. 21/7/1979 issued to Amarnath, original petitioner (since deceased) in writ petition no. 9625 of 2019 and the Caste Certificate WP 9625/19 and Anr. dtd. 27/6/1979, issued to Raghavendra, petitioner in writ petition no. 9611 of 2019, by the Executive Magistrate, Jalgaon, certifying that they belonged to the Thakur, Scheduled Tribe, notified in terms of the Constitution, (Scheduled Tribe) Order, 1950. Petitioners Amarnath and Raghavendra were real brothers.

(3.) Shorn of unnecessary details, the background facts, which led to these petitions, can be summarized as under: In writ petition no. 9625 of 2019 the original petitioner Amarnath (deceased) was appointed as Art A Electrician by the M.S.R.T.C., respondent no. 2 herein, against a post reserved for Scheduled Tribe whereas the petitioner Raghvendra, in writ petition no. 9611 of 2019 was appointed as Police Sub-Inspector through the competitive examination conducted by the Maharashtra Public Service Commission, against the post reserved for scheduled tribe. Their tribe claims were referred to the Caste Scrutiny Committee, respondent No. 1 for confirmation of their status as Scheduled Tribe. Both of them had made an application to the respondent Committee under Rule 11 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 and had submitted several documents including the documents of pre-constitutional period and the validity certificate issued to their relatives. The Caste Scrutiny WP 9625/19 and Anr. Committee referred the documents for verification to Vigilance Cell, who, in turn, made investigation and submitted its report. A copy of the report of the Vigilance Cell was supplied to them. An opportunity of hearing was also granted. The respondent Committee, after evaluating the documents, by common order dtd. 23/7/2019 rejected their tribe claim.