MADAN SITARAM CHANDANBATWE Vs. STATE OF MAHARASHTRA THROUGH SECRETARY TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI

JUDGEMENT

(1.) By this petition, the petitioner has challenged the decision of respondent no.2Committee for Scrutiny and Verification of Tribe Claims, Amravati, rendered on 22.10.2001, by which the caste certificate of the petitioner as belonging to 'Dhoba' Scheduled Tribe, issued by the Executive Magistrate, Akola, on 19.6.1981 has been invalidated.

(2.) The petitioner is working as Talathi, under the SubDivisional Officer, Akola. The petitioner claims that he belongs to 'Dhoba' community, which has been notified as a Scheduled Tribe at Sr. No.18 in the Constitution (Scheduled Tribes) Order,1950 in relation to the State of Maharashtra. The caste claim of the petitioner was referred to the Scrutiny Committee for the purpose of verification. The petitioner submitted in support of his tribe claim, eleven documents before the said Committee. However, the said Committee without considering those documents, passed the order invalidating the tribe claim of the petitioner mainly on the ground that the petitioner has failed to establish sociocultural affinity and ethnic linkage with 'Dhoba' subtribe of Gond, Scheduled Tribe. The Committee observed, " 'Dhoba' Scheduled Tribe has not been listed as an independent single entry, but it has been clubbed along with numerous of the synonyms and subtribes included in the Gond, Scheduled Tribe, listed at Sr. No.18". The Committee relied upon the judgment of the Hon'ble Apex Court in the case of Dadaji @ Dina vs. Sukhdeo Babu & others,1980 SCR 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 said Committee that the applicant could not bring out the distinct sociocultural traits, customs and traditions prevalent in 'Dhoba' subtribe of 'Gond' Scheduled Tribe.

(3.) Significantly, the controversy involved in this petition is no more res integra, in view of the decision of the Hon'ble Apex Court in the case of State of Maharashtra and others vs. Mana Adim Jamat Mandal, 2006 4 SCC 98. The Hon'ble Apex Court has held that the judgments one in the case of Dina vs. Narayansingh,1968 38 ELR 212 and, another, in the case of Dadaji @ Dina vs. Sukhdeo Babu, 1980 1 SCC 621 stand impliedly overruled by the decision of Constitution Bench of the Hon'ble Apex Court, in the case of State of Maharashtra vs. Milind, 2001 1 SCC 4. The Hon'ble Apex Court in State of Maharashtra vs. Mana Adim Jamat Mandal held that each of the tribes specified in entry No.18 must be deemed to be a separate tribe and not subtribe of 'Gond'.