PAYAL D/O SUDHAKAR JAMBHULE Vs. THE SCHEDULED TRIBE CASTE
HIGH COURT OF BOMBAY (AT: NAGPUR)
Payal D/O Sudhakar Jambhule
The Scheduled Tribe Caste ...
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(1.) The challenge in this petition is to the order dated 5-10-2012 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli, Division Nagpur, invalidating the caste claim of the petitioner for 'Mana', Scheduled Tribe, which is an entry at Serial No.18 in the Constitution (Scheduled Tribes) Order, 1950 and cancelling and confiscating the caste certificate dated 15-12-2011 issued by the Sub-Divisional Officer, Bramhapuri, District Chandrapur, and produced by the petitioner for validation.
(2.) Before the Committee, the petitioner produced total eight documents, which were handed over to the police vigilance cell for conducting home enquiry. The police vigilance cell report shows one more document in the name of Muka Nago, the great grandfather of the petitioner, in which an entry 'Mana' is recorded in the year 1954. The police vigilance cell also took out the caste validity certificate dated 1-10-2007 issued in the name of Devanand Jambhule, and another dated 2-8-2007 in the name of Nilesh Jambhule, the cousins of the petitioner. The Committee records the finding in para 14 of its order that the caste of the applicant and her paternal side relatives is consistently recorded as 'Mana' in their school and revenue record from the year 1920 to 2005. However, all these documents are rejected for the following reasons :
(a) that 'Mana' community was included in the list of Scheduled Tribes in relation to the State of Maharashtra for the first time in the year 1960, that too in the specified area only, and the petitioner has failed to establish that he or his forefathers hail from the said area and migrated to the present place of their residence, from the said specified scheduled area, ,
(b) that there are non-tribal communities like 'Badwaik Mana', 'Khand Mana', 'Kshatriya Mana', 'Kunbi Mana', 'Maratha Mana', 'Gond Mana', 'Mani'/'Mane', etc., and the petitioner has failed to satisfy crucial affinity test to establish that he belongs to 'Mana, Scheduled Tribe', which is an entry at Serial No.18 in the Constitution (Scheduled Tribes) Order, 1950,
(c) that in the year 1967, 'Mana' community was included in the list of Other Backward Classes at Serial No.268 and later on in the list of Special Backward Classes at Serial No.2 in relation to the State of Maharashtra, and
(d) that the documents produced simply indicate the caste as 'Mana' and not 'Mana, Scheduled Tribe'.
(3.) In the decision of this Court in Writ Petition No.3308 of 2013 [Gajanan s/o Pandurang Shende v. The Head-Master, Govt. Ashram School, Dongargaon Salod, Tah. Sindewahi, Distt. Chandrapur, and others] decided on 8-11-2017, we have dealt with all the aforesaid reasoning and we point out below what we have held in the said decision :;
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