PRASHANT KHEMRAJ EKUDE NAGPUR Vs. COMMITTEE FOR SCRUTINY

JUDGEMENT

(1.) By this petition, the petitioner has challenged the decision of respondent - Committee for Scrutiny and Verification of Tribe Claims dated 24.07.2001, by which the caste certificate of the petitioner as belonging to 'Mana' Scheduled Tribe, issued by the competent authority at Katol, has been invalidated.

(2.) The petitioner possesses Bachelor of Engineering (B.E.) and has also passed the Master of Business Administration (MBA). The petitioner claims that he belongs to 'Mana' community which has been notified as a Scheduled Tribe in State of Maharashtra. The petitioner applied to the respondent-Committee for verification of his tribe claim. In support of his claim, the petitioner produced voluminous documentary evidence inasmuch as nineteen documents before the respondent-Committee. One of the documents pertains to the year 1929-30 relating to the petitioner's grandfather, namely, Vithoba Nago Mana. However, the respondent-Committee invalidated the tribe claim of the petitioner. The said order was challenged before this Court by preferring Writ Petition bearing No.1573/2000. Vide an order dated 27th August, 2000 this Court quashed and set aside the order dated 28th March 2000 passed by the respondent-Committee and the matter was remanded back to it for deciding the same afresh in accordance with law.

(3.) The Respondent-Committee passed the order dated 24th July 2001, which is the subject-matter of challenge in the present writ petition, invalidating tribe claim of the petitioner mainly on the ground that the petitioner has failed to establish socio-cultural affinity and ethnic linkage with 'Mana' sub-tribe of 'Gond' Scheduled Tribe. The Committee relied upon the judgment of the Hon'ble Apex Court in the case of Dadaji @ Dina vs. Sukhdeo Babu & others, reported in 1980 S.C.R.150, wherein it has been held that "only the 'Mana' community having affiliation with the 'Gond' Scheduled Tribe will fall within the scope of the entry". It is observed in the impugned order passed by the respondent-Committee that the applicant could not bring out the distinct socio-cultural traits, customs and traditions prevalent in 'Mana' sub-tribe of 'Gond' Scheduled Tribe. Whatever information has been furnished by the applicant drifts away from that with regard to the traits and characteristics of 'Mana' sub-tribe of 'Gond' Scheduled Tribe community. Thus, the respondent-Committee rejected the tribe claim of the petitioner.