Back
2014 Supreme(Bom) 2146
IN THE HIGH COURT OF BOMBAY AT AURANGABAD BENCH
R.M. Borde and V.L. Achliya, JJ.
Prakash – Appellant
Vs.
Deputy Collector (General), Latur and Ors. – Respondent
W.P. Nos. 4536, 4542, 4543, 4924 to 4926, 4928, 4945, 4952, 4953, 4958, 4961, 5187, 5688 to 5690, 6137, 6264, 6274, 4933, 4935, 4942, 4943, 4954, 4955, 4977, 4983, 4984, 4986, 4991, 4993, 4995, 5134 to 5140, 5182, 5186, 5188, 5190, 5193, 5194, 5254 to 5256, 5298 to 5304, 5308 to 5311, 5671, 5672, 5691, 5745, 5752, 5754, 5755, 6267, 6269, 6278, 6682, 6684, 6685, 4604, 4760 to 4763, 4768, 4783, 4802, 4985, 4987, 5149, 5180, 5252, 5307, 5419, 5586 to 5589, 5675, 5685, 6313, 6361 to 6363, 6514, 6638, 6809, 6980, 6983, 7009 to 7020, 5316, 4504, 4505, 4508, 6637, 5253, 6145, 5262, 5263 and 5269 of 2014
Decided On: 14.08.2014
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Sagar S. Phatale, S.M. Vibhute, Pratap V. Jadhavar, Irpatgire A.N., P.G. Rodge, Vivek U. Jadhav, M.S. Deshmukh, S.C. Yeramwar, Anandsingh S. Bayas and P.D. Bachate
For Respondents/Defendant: S.V. Kurundkar, Government Pleader, K.G. Patil, S.K Kadam, S.K. Tambe, A.G.Ps., P.S. Patil, K.D. Bade Patil, V.M. Mane, A.B. Tele, V.P. Latange, V.D. Gunale, K.J. Ghute Patil, B.A. Shinde, R.D. Reddy, S.G. Karlekar, A.G.P., Mahesh C. Swami, Geeta Deshpande, P.P. Dama, S.R. Choukidar, S.G. Chincholikar, A.G.P. and Pravin Patil
The main legal point established in the judgment is that the entries in the Presidential Order must be read as they are, and no authority has the entitlement to read the entry in a different manner. Additionally, no enquiry is permissible and no evidence can be let in to decide that any tribe or tribal community is included in the general name even though it is not specifically mentioned in the entry concerned in the Constitution (Scheduled Tribes) Order, 1950.
Headnote:
Scheduled Tribe - Koli Mahadev - Scheduled Tribes Order, 1950, (Amendment) Act, 1976 - The court discussed the interpretation of the Scheduled Tribes Order, 1950 and (Amendment) Act, 1976, and the legal principles established by various judgments of the Supreme Court. The court emphasized that the entries in the Presidential Order must be read as they are and no authority has the entitlement to read the entry in a different manner. The court also highlighted that no enquiry is permissible and no evidence can be let in to decide that any tribe or tribal community is included in the general name even though it is not specifically mentioned in the entry concerned in the Constitution (Scheduled Tribes) Order, 1950. The court concluded that the Scrutiny Committee's view deserves to be upheld, and issued specific directions to the petitioners regarding the issuance and verification of caste/tribe certificates.
Fact of the Case:
The petitioners, claiming to belong to 'Koli Mahadev', a Scheduled Tribe, were issued certificates by the competent authority. The Scrutiny Committees concluded that the tribe 'Mahadev Koli' does not find place in the Scheduled Tribes Order, 1950 as well as in (Amendment) Act, 1976, and directed invalidation and confiscation of the caste/tribe certificates. The petitioners contended that 'Koli Mahadev' and 'Mahadev Koli' are one and the same and have been treated as one and the same even by the Scrutiny Committees or the High Courts and the Supreme Court.
Finding of the Court:
The court upheld the view of the Scrutiny Committee and issued specific directions to the petitioners regarding the issuance and verification of caste/tribe certificates.
Issues: The main issue was the interpretation of the Scheduled Tribes Order, 1950 and (Amendment) Act, 1976, and the validity of the caste/tribe certificates issued to the petitioners.
Ratio Decidendi: The court emphasized that the entries in the Presidential Order must be read as they are and no authority has the entitlement to read the entry in a different manner. The court also highlighted that no enquiry is permissible and no evidence can be let in to decide that any tribe or tribal community is included in the general name even though it is not specifically mentioned in the entry concerned in the Constitution (Scheduled Tribes) Order, 1950.
Final Decision: The court upheld the view of the Scrutiny Committee and issued specific directions to the petitioners regarding the issuance and verification of caste/tribe certificates.
R.M. Borde, J.
1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. All the petitioners, in these petitions, claim to belong to 'Koli Mahadev', a Scheduled Tribe. The petitioners were issued certificates by the competent authority certifying that they belong to 'Mahadev Koli', Scheduled Tribe. All the petitioners are either in employment, secured as against the posts earmarked for Scheduled Tribe category, or the students admitted to various educational Institutions as against seats earmarked for Scheduled Tribe category. The certificates issued to respective petitioners were referred for verification to concerned Scrutiny Committees. The Scrutiny Committees, in separate judgments delivered in all the matters, reached the conclusion that tribe 'Mahadev Koli' does not find place at Sr. No. 29 in the Scheduled Tribes Order, 1950 as well as in (Amendment) Act, 1976. Entry No. 29 recorded in the Presidential Order describes 'Koli Mahadev', 'Dongar Koli' as Scheduled Tribes. All the petitioners are recipients of the certificates certifying that they belong to Mahadev Koli', Scheduled Tribe. Relying upon the decision in the matter of State of Maharashtra v. Milind and others, reported in 2001 (1) Mh.LJ. (S.C.) 1 : (2001) 1 SCC 4, State of Maharashtra v. Ravi Prakash Babulalsingh Parmar and others, reported in 2007 (2) Mh.LJ. (S.C.) 250 : 2007(1) BCR 102, Palghat Jilla Thandan Samudhaya Samrakshna Samithi v. State of Kerala, reported in (1994) 1 SCC 359, the Scrutiny Committee came to the conclusion that since the certificates issued in favour of respective petitioners are not in conformity with Entry No. 29 of the Scheduled Castes and Scheduled Tribes Order, 1950 and (Amendment) Act of 1976, such certificates cannot be validated. The Scrutiny Committee, as such, directed invalidation and confiscation of the caste/tribe certificates. The Scrutiny Committee, at the same time, granted liberty to the petitioners to secure proper certificates from the competent authority and submit the same for verification to the Scrutiny Committee along with fresh proposals.
2. Heard learned Counsel for respective parties.
3. It is urged by the petitioners that there is no separate caste or tribe in existence as 'Mahadev Koli' or 'Koli Mahadev' and both the nomenclatures relate to only one tribe i.e. 'Koli Mahadev'. It is contended that although certificates are issued by the competent authorities that the petitioners belong to 'Mahadev Koli', Scheduled Tribe, those are required to be read as 'Koli Mahadev', Scheduled Tribe in conformity with Entry No. 29 of the Scheduled Tribes' Order, 1950. It is contended that for years together, certificates have been issued to the tribal community as belonging to 'Mahadev Koli' and such tribe certificates have also been validated and validation orders have been confirmed by the Supreme Court and the High Court. It is contended that even in the case of Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development, reported in (1994) 6 SCC 241, reference was made to tribe 'Mahadev Koli'. It is, thus, contended that there can be no dispute that 'Koli Mahadev' and 'Mahadev Koli' are one and the same and have been treated as one and the same even by the Scrutiny Committees or the High Courts and the Supreme Court.
4. Learned Counsel appearing for respective Scrutiny Committees have supported the judgment and orders passed by the Scrutiny Committees and contended that the orders are in adherence to the law laid down by the Constitution Bench of the Supreme Court in the matter of State of Maharashtra v. Milind and others (supra).
5. There is a little doubt that 'Koli Mahadev' are referred as 'Mahadev Koli' and for years together certificates were issued by the competent authorities in favour of persons belonging to the tribal com
