PRAKASH S/O SUBHASH BHOPLE Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) All the petitioners, in these petitions, claim to belong to 'Koli Mahadev', a Scheduled Tribe. The petitioners were issued certificates by the competent authority certifying that they belong to 'Mahadev Koli', Scheduled Tribe. All the petitioners are either in employment, secured as against the posts earmarked for Scheduled Tribe category, or the students admitted to various educational Institutions as against seats earmarked for Scheduled Tribe category. The certificates issued to respective petitioners were referred for verification to concerned Scrutiny Committees. The Scrutiny Committees, in separate judgments delivered in all the matters, reached the conclusion that tribe 'Mahadev Koli' does not find place at Sr.No.29 in the Scheduled Tribes Order, 1950 as well as in (Amendment) Act, 1976. Entry No.29 recorded in the Presidential Order describes 'Koli Mahadev', 'Dongar Koli' as Scheduled Tribes. All the petitioners are recipients of the certificates certifying that they belong to 'Mahadev Koli', Scheduled Tribe. Relying upon the decision in the matter of State of Maharashtra Vs. Milind & others, 2001 1 SCC 4, State of Maharashtra Vs. Ravi Prakash Babulalsingh Parmar & others, 2007 1 BCR 102, Palghat Jilla Thandan Samudhaya Samrakshna Samithi Vs. State of Kerala, 1994 1 SCC 359, the Scrutiny Committee came to the conclusion that since the certificates issued in favour of respective petitioners are not in conformity with Entry No.29 of the Scheduled Castes and Scheduled Tribes Order, 1950 and (Amendment) Act of 1976, such certificates cannot be validated. The Scrutiny Committee, as such, directed invalidation and confiscation of the caste/tribe certificates. The Scrutiny Committee, at the same time, granted liberty to the petitioners to secure proper certificates from the competent authority and submit the same for verification to the Scrutiny Committee along with fresh proposals.

(3.) Heard learned Counsel for respective parties.