YASHWANT MOTIRAM SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The basic question which falls for adjudication in these petitions is identical. Therefore, we deem it appropriate to dispose of these petitions by a common judgment.

(2.) It is a matter of common experience in the High Court of Bombay and its branches at Aurangabad and Nagpur that hundreds of petitioners for several years have been approaching the Court with a prayer that the Caste Verification Committee be directed to dispose of their claims expeditiously. Directions have been given by the Court from time to time. The Caste Scrutiny Committee for Scheduled Tribe and other Scrutiny Committees for Scheduled castes, Vimukta Jatis, Nomadic Tribes, other Backward Classes and Special Backward Class category were constituted primarily after the guidelines issued by the apex Court in the case of Madhuri Patil v. Additional Commissioner, Tribal Development, AIR 1995 SC 94. The Apex court comprehensively carved out the entire procedure for verification of caste certificates. The Apex court in the aforesaid case has also dealt with historical and constitutional perspective of this matter.

(3.) The Constitution guarantees every citizen social and economic justice, equality of status and of opportunity assuring the dignity of the individual. The Scheduled Tribes are inhabitants of intractable terrain regions of the country kept away from the mainstream of national life and with their traditional moorings and customary beliefs and practices, they are largely governed by their own customary code of conduct regulated from time to time with their own rich cultural ethos. Though Articles 14 and 15 (1) prohibits discrimination among citizens on certain grounds, Article 15 (4) empowers the state to make special provisions for advancement of Scheduled Castes and Scheduled tribes. Article 16 (4) empowers the State to make provision for reservation of appointments or posts in favour of classes of citizens not adequately represented in the services under the State. Article 46 enjoins the state by mandatory language employed therein, to promote with special care the educational or economic interest of the scheduled Tribes and Scheduled Castes and to protect them from social injustice and all forms of exploitation. Because certain Tribes and class of people have been kept away from the mainstream for centuries, it became imperative to have reservation in admission to educational institutions and employment. For availment of such exclusive rights by citizens belonging to tribes, the President by a* Notification specified the scheduled Tribes or tribal communities or parts or groups of tribe or tribal communities so as to entitle them to avail of such exclusive rights. The Government of India and the State Governments have prescribed the procedure and have entrusted duty and responsibility to Revenue Officers of gazetted cadre to issue social status certificate, after due verification. It is common knowledge that endeavour of States to fulfill constitutional mandate of upliftment of Scheduled Castes and Scheduled Tribes by providing for reservation of seats in educational institutions and for reservation of posts and appointments, are sought to be denied to them by unscrupulous people who come forward to obtain the benefit of such reservations posing themselves as persons entitled to such status while in fact disentitled to such status.