SUHAS BABANRAO SHEWALE Vs. CHAIRMAN, STC SCRUTINY COMMITTEE

JUDGEMENT

(1.) BY this petition under Article 226 the petitioner has questioned the legality and validity of the order dated 14th July, 1986 passed by the Scheduled Tribes Certificate Scrutiny Committee ('Scrutiny Committee' for short) directing cancellation and confiscation of the petitioner's caste certificate as belonging to 'Halba' Tribe as well as the decision of The Additional Commissioner, Tribal Development. Nasik dated 27th August, 1986 confirming the order of the Scrutiny Committee.

(2.) BRIEFLY , the facts are that the petitioner claims to be a member of 'Halba' Tribe, which is a Scheduled Tribe declared under the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 in its II Schedule at Item No. 19 of Maharashtra State. The petitioner after passing his 12th standard examination sought admission to the engineering college, Pune against the reserved quota for the candidates belonging to the Scheduled Tribe. As per the rules framed by the Slate Government, the petitioner's caste certificate was referred to the Scrutiny Committee for verification of his caste. Before the Scrutiny Committee the petitioner produced several documents. He produced his own caste certificate as well as the caste certificates of his father and other relations as belonging to 'Halba' Tribe. The petitioner produced the record of S.P. College, Pune showing his caste as Halba. The petitioner also produced the affidavit of the petitioner's cousin Savita Chandrakant Khandilkar, whose caste claim as belonging to Halba Tribe was accepted by the Scrutiny Committee by order dated 2nd December, 1983, The petitioner also produced the circular dated 6th September, 1983 issued by the Social Welfare Department of the Government of Maharashtra providing inter alia that cases where the blood relations, namely, brothers, sisters has been held as valid by Government/Divisional Commissioner/High Court/Supreme Court may be considered as valid evidence provided the candidate produced affidavit to the effect that they are blood relations as brother, sister etc., for the caste verification. The petitioner also relied upon the certificate issued by the all Maharashtra Halba Samaj Seva Sangh, Pune on 18th August, 1986 recognising the petitioner as member of Halba Tribe. It seems that originally the petitioners caste was shown as 'Koshti's' in the colleges record. The petitioner produced on record letter dated 26th December, 1985 issued by the Deputy Director of Education whereby he directed the Principal, S.P. College. Pune to effect the change in the record of the college relating to the caste of the petitioner on the basis of the caste certificate issued by the Tahsildar Executive Magistrate. Pune by substituting the words 'Hindu Halba' in the place of 'Hindu Koshti'. The petitioner's father made a statement before the Scrutiny Committee that Koshti was their profession and not the caste and it was this profession which was entered in the school record of the petitioner.

(3.) MR . Chopda, learned Counsel for the petitioner strenuously contended that in the light of the instructions issued by the Government of Maharashtra under circular dated 6th September, 1983 that if a close relative is already given caste certificate, that must be given due weight, has not been followed by the Scrutiny Committee. He submitted that the other documentary evidence produced by the petitioner was also not properly appreciated by the Committee. Mr. Chopda brought to our notice the judgment of the Division Bench (Coram: Mohta and Dhabe, JJ.) in Abhay Shrawanji Parate v. State of Maharashtra : AIR1985Bom45 wherein it was held that the decision in respect of other near relations must be given due weight in deciding the caste claim of the candidate. Mr. Chopda also brought to our notice the decision of the Supreme Court in Gayatrilaxmi v. State of Maharashtra 1996 (2) MLJ 402 : 1996 (3) Bom CR 687 holding that if the claim of the first cousin of the candidate was accepted by the Government, similar benefit cannot he denied to the candidate.