SMT. SANJEEWANI D/O NAMDEO BAREKAR Vs. THE SCHEDULED TRIBE CASTE SCRUTINY
LAWS(BOM)-2017-11-75
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on November 03,2017

Smt. Sanjeewani D/O Namdeo ... Appellant
VERSUS
The Scheduled Tribe Caste ... Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) The claim of the petitioner for grant of validity certificate as a person belonging to Mana - Scheduled Tribe, which is an entry at Sr. No.18 in the Constitution Scheduled Tribe Order, 1950, has been rejected by the Scrutiny Committee by its order dated 17.04.2013, which is the subject matter of challenge in this petition.
(2.) The petitioner has produced about 8 documents on record of the Scrutiny Committee and in all these documents, the caste of the petitioner and her blood relatives is shown as Mana. The oldest document being of 1920-23 in the name of Diwanya Arjuna Jairam s/o Adkya, the grand father of the petitioner. It is the revenue record of 1920-23. In para 13 of the order, the Committee holds that the caste of the petitioner and her forefathers is consistently recorded as 'Mana' in their school and revenue records during 1920-23 to 1999. However, it rejects the claim recording the reasons as under; " (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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