Prior adjudication of tribe claims, conducted before the Act of 2000, should be given due weightage and accepted unless fraud or misrepresentation is proven.

JUDGMENT :

A.S. CHANDURKAR, J.

1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The petitioner is aggrieved by the order dated 29.12.2017 passed by the Scrutiny Committee invalidating the petitioner’s claim of belonging to Koli Mahadev Scheduled Tribe.

3. Shri N.C. Phadnis, learned counsel for the petitioner submitted that the petitioner’s father was issued a validity certificate by the Scrutiny Committee on 30.08.1995. Earlier, an appeal filed by the petitioner’s uncle - Vijay Chaintaman Bawane was allowed by the Divisional Commissioner on 03.06.1987 and the caste certificate isued by the Executive Magistrate, Nagpur dated 22.12.1981 indicating the fact that said uncle was belonging to Koli Mahadev Scheduled Tribe was upheld. Yet another uncle - Dilip Chintaman Bawane had filed Writ Petition No. 2032 of 1983 challenging the order passed by the Divisional Commissioner as well as the original order passed by the Director of Social Welfare invalidating such claim. By the judgment dated 19.04.1993 this Court had allowed the said writ petition and after setting aside the orders impugned therein, it was declared that the petitioner’s uncle belonged to Koli Mahadev Scheduled Tribe. Though these orders passed by the Divisional Commissioner as well as this Court alongwith the validity certificate issued to the petitioner’s father were placed before the Scrutiny Committee, the same were not accepted by the Scrutiny Committee while considering the petitioner’s tribe claim. By holding that the aforesaid adjudication was not accompanied by any enquiry by the Vigilance Cell, the Scrutiny Committee proceeded to independently examine the petitioner’s tribe claim and thereafter invalidate the same. Placing reliance on the judgment of the Hon’ble Supreme Court in Amruta Vijay More Vs. State of Maharashtra, Civil Appeal No. 7230 of 2011 and SLP (C) No. 29364 of 2010 decided on 23.08.2011, it was submitted that if the earlier adjudication had been undertaken by the Scrutiny Committee in accordance with the procedure prescribed prior to coming into force of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance of Verification of) Caste Certificate Act, 2000 (for short, ‘the Act of 2000’) due weightage was required to be given to such adjudication. Similarly, the Division Bench of this Court in Madhuri Nitin Jadhav Vs. State of Maharashtra & Others, 2014 (3) Mh.L.J. 900 had also held that unless a case of fraud and/or misrepresentation had been made out, the orders invalidating the caste/tribe claim based upon the procedure prevailing prior to the enactment of the Act of 2000 ought to be accepted. As a result of the impugned order, the petitioner had been deprived of the benefit which his father and uncles had been enjoying. It was thus submitted that there being no allegation of fraud and/or misrepresentation attributed to the petitioner while seeking adjudication of his tribe claim, the impugned order was liable to be set aside.

4. Mrs. K.R. Deshpande, learned Assistant Government Pleader for the respondent nos.1 to 3 supported the order passed by the Scrutiny Committee. She submitted that it was an admitted position that while upholding the claim of the petitioner’s father and uncles, the Scrutiny Committee did not have the advantage of the report of the Vigilance Cell. In absence of there being any such enquiry the Scrutiny Committee in the present case was justified in conducting such enquiry and thereafter passing the impugned order based on such enquiry. The Act of 2000 required conducting of such enquiry and therefore the petitioner could not raise a grievance in that regard. Referring to the order dated 15.04.2016 passed in Public Interest Litigation No. 102 of 2013 [Narayan Dinbaji Jambule and Others Vs. The Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli and Others]