CHANDRAKANT BAJIRAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE only argument that has impressed us is concerning the incompetence of Caste Scrutiny Committee in holding that though the petitioner belongs to "thakar", but being of Bhat category he does not belong to Scheduled Tribe.

(2.) WHILE considering the petitioners tribe claim, the Scheduled Tribes Certificate Scrutiny Committee (for short, "scrutiny Committee") held thus : after considering all the aforesaid documents and in exercise of the powers vested, the Scrutiny Committee has come to the conclusion that Shri Chandrakant Bajirao Shinde does not belong to Thakar Scheduled Tribe and as such his claim towards the same is held invalid. He belongs to caste Thakar of Bhat category and as such the caste certificate of his belonging to Thakar scheduled tribe granted by the Tahsildar of Purandar vide No. MAG/ws/92/78, dated 17-7-1978 is hereby cancelled and confiscated. "

(3.) IT is apparent from the aforesaid finding recorded by the Scrutiny Committee that though the petitioner belongs to caste "thakar yet since he belongs to caste "thakar" of Bhat category, he cannot be said to be belonging to Thakar Scheduled Tribe. The question that arises for our consideration is whether the Tribunal was competent to hold so when "thakar" is notified as Scheduled Tribe in the Presidential Order viz. The Constitution (Scheduled Tribes) Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 and The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.