1 wp6059.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6059 OF 2007 Shirish Madhavrao More, age 39 years, occupation: service, r/of Torna Gadh Housing Society, Plot No.13, Padegaon Road, Aurangabad. Petitioner versus 01. The State of Maharashtra, through Tribal Development Department. 02. The Schedule Tribe Certificate Scrutiny Committee, Nashik through its Member Secretary, Nashik. 03. The Secretary, Shri Saraswati Bhawan Shikshan Sanstha, Aurangpura, Aurangabad. 04. The Education Officer (Secondary), Zilla Parishad, Aurangabad. 05. Shri Baburao Madhav Savale, age 44 years, occupation: service, r/of Shri Saraswati Bhawan High School, Gondegaon, Taluka Soygaon, Dist.Aurangabad. Respondents --------- Shri R. K. Temkar, Advocate for the Petitioner. Shri N. B. Patil, A.G.P. for Resp. Nos. 1 and 4. Shri R.P. Phatke, Adv. for Respondent No. 2. Shri A.V. Kane, Advocate, holding for Shri A. R. Joshi, Advocate, for Respondent No. 3. Shri P. V. Suryawanshi, Advocate, holding for Shri S. R. Barlinge, Adv. for Respondent No. 5. 2 wp6059.07 Coram: Smt. Nishita Mhatre and M. T. Joshi, JJ. Date : 6th July, 2011. Oral Judgment: (Per: Smt. Mhatre, J.,) 01. Rule. Rule made returnable forthwith, by consent of the parties. 02. The present petition has been filed against the order dated 29.06.2005, passed by the Scheduled Tribe Certificates Scrutiny Committee, Nashik, declaring that the certificate submitted by Respondent No. 5 to the effect that he belongs to the Tokre Koli Scheduled Tribe, was valid. According to the petitioner, the validity certificate issued by the Committee shows total non application of mind and as a result of which, Respondent No.5 has been promoted to the post of Assistant Head Master in the school run by Respondent No.3. 03. The petitioner has been issued a certificate of validity, by the Scheduled Tribe Certificates Scrutiny Committee, Nashik, certifying that he belongs to the Bhil Scheduled Tribe. This validity certificate has been issued on 28.3.2005. The petitioner is 3 wp6059.07 working with Respondent No.3-Institution, in one of the schools run by it, since 19.8.2008 as an Assistant Teacher. According to the petitioner, Respondent No.5 was promoted as Assistant Head Master on 15.4.2004 without a valid caste certificate. The petitioner, therefore, submitted representations to the Respondent No. 3-Institution on 27.12.2004 and 27.4.2005, contending that the promotion of Respondent No.5 as an Assistant Head Master was illegal and improper. The petitioner contended that his claim to that post had been by-passed as a consequence. The scrutiny committee issued a validity certificate in favour of Respondent No. 5 on 29.6.2005, certifying that he belongs to the Tokre Koli Scheduled Tribe. 04. The main submission of the learned Counsel for the petitioner was that the scrutiny committee has certified the tribe claim of Respondent No. 5 without considering the documents on record, and the report of the vigilance cell. He submitted that the report of the vigilance cell clearly indicates that the documents produced by Respondent No.5, on the basis of which his tribe claim has been validated, had no bearing on the claim of Respondent no. 5. He drew our attention to the observations in the vigilance cell 4 wp6059.07 report to the effect that the caste of the father of Respondent No.5 had been recorded as Hindu Koli in 1939 the records of the primary school that he attended. He pointed out that the validity certificates of several relatives were produced by Respondent No.5. However, all those relatives, except one, are not paternal relatives of Respondent No.5 and, therefore, according to the learned advocate, could not be a basis for validating his tribe claim. 05. We have considered the impugned order and the documents produced by Respondent No.5, some of which are annexed to the petition. It is apparent that the scrutiny committee has passed a cryptic order without considering the record before it. The scrutiny committee was impressed by the fact that the father- in-law of Respondent No. 5 and one Mahendra Digambar Salve, who the Respondent No.5 claimed was his cousin, had been issued the certificates of validity, indicating that each of them belong to the Tokre Koli Scheduled Tribe. It therefore upheld the claim of Respondent No. 5. The relationship between Mahendra Digambar Salve, the cousin of Respondent No.5, has not been mentioned in the order of the Committee. 5 wp6059.07 06. It is well settled now that it is the caste of the relatives from the paternal side which matters while considering the tribe claim or the caste claim of an individual. In the present case, it appears that Respondent No. 5 had changed his name from `Babulal' to `Baburao'. However, there is no material on record to indicate as to whether he had changed his surname as well, from `Savale' to `Salve'. Therefore, the relationship between Mahendra Digambar Salve and Respondent No.5 has not been established. 07. In these circumstances, in our opinion, it is apparent that the scrutiny committee has passed a cursory order without bothering itself with the principles laid down by the Supreme Court in the case of Kum Madhuri Patil vs. Addl. Commissioner, Tribal Development, AIR 1995 SC 1994, and various other judgements passed thereafter, by the Supreme Court, as well as this Court. 08. In these circumstances, the impugned order is set aside. The matter is remanded to the Scrutiny Committee, Nandurbar, instead of the Nashik committee as a new Committee has been set 6 wp6059.07 up for the Nandurbar region. The Scrutiny Committee, Nandurbar, shall hear both, the petitioner, as well as Respondent No.5, before passing any orders regarding the validity of the tribe claim of Respondent no. 5. The parties will appear before the Scrutiny Committee on 1.8.2011. The Committee shall decide the claim of Respondent No.5 within six months from that date. 09. Rule made absolute accordingly. No order as to costs. (M. T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) pnd/wp6059.07