AWADHESH PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner is assailing the final inquiry made by the M.P. State Scheduled Caste and Scheduled Tribe Commission pursuant to the directions issued by this Court in W.P. No. 4159/93 decided on 1.12.1998. The petitioner is a Tamrakar. He writes his caste as Tamrakar. He claims himself to be treated as "Chhatri", which is relevant entry made in the list by the Parliament as per Article 341 and 342 in Schedule Tribe Order, 1950.

(2.) THE matter travelled to this Court earlier. This Court took the notice of the fact in para 2 and ultimately directed that an enquiry to be made. Directions were made as under -

(3.) THE commission has recorded the finding that Tamrakars are trying to obtain the certificate of 'Chhatris' and were illegally trying to avail the facility of reservation. A study was also got conducted by M.P. Tribal Research Institute and it was found that 'Tamrakars' cannot be treated as 'part of Chhatries or Chhattris' and the efforts were being illegally made for availing the facility of reservation which is not available to 'Tamrakars' and finding of fact is recorded that considering past history 'Tamrakars' cannot be treated as members of Scheduled Tribe. Counsel for the petitioner submits that inquiry has not been conducted properly by the Commission. Since the petitioner was ill he should have been afforded further opportunity to adduce the evidence. He further submits that decision of State of Maharashtra v. Milind and Others; (2001) 1 SCC 4 is not applicable to the facts of this case and the inquiry into the claim made by the petitioner is permissible. He submits that the Supreme Court has observed that only the High Court cannot conduct an inquiry into such a fact that 'Tamrakars' can be included in 'Chhatris' (Chatris). He also relied on the case of Madhuri Patil v. Addl. Commissioner, Tribal Development and others; AIR 1995 SC 94.