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TMI Blog2006 (10) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... munity as envisaged under Entry 44 of the list of the Scheduled Tribes pertaining to the State of Maharashtra issued in terms of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. A certificate showing that he belongs to the aforementioned tribe community was issued to him. Respondent obtained appointments and/or admissions in various institutions pursuant to or in furtherance of such certificate. However, the Scrutiny Committee constituted in terms of the decision of this Court in Kumari Madhuri Patil and Another v. Addl. Commissioner, Tribal Development and Others [(1994) 6 SCC 241], opined that he did not belong to the said community and in fact belongs to Kshatriya Thakur caste, whereupon his Scheduled Tribe certificate was cancelled. Appeal preferred thereagainst before the Additional Commissioner, Tribal Development, Nagpur, was also dismissed. Aggrieved by and dissatisfied with the said orders passed by the Appellate Authority as also the Caste Scrutiny Committee, writ petitions were filed before the Bombay High Court. Interim stay of the operation of the said orders having been granted, Respondent continued to remain in his service. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... some benefit for their livelihood\005 The learned Judge furthermore commented upon the so-called malfunctioning of the Scrutiny Committee and directed that it must get itself satisfied only on the basis of documentary evidence and no oral evidence would be admissible therefor, concluding : (i) No enquiry is permissible as to the entries in respect of the castes/tribes in the Schedules of the Presidential Orders. We have to take them as they are, as mandated in the Milind Katware s case, without adding or substracting anything from the entires. (ii) The claimant has to prove his claim to belong to a particular caste/tribe to be able to get the benefits of the reservation policy. (iii) The claimant must establish his right by producing proper documentary evidence. (iv) The claimant must physically enter in witness box and swear on oath. Referring to the object and purport of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of issuance and verification of) Caste Certificate Act, 2000, it was directed : (a) Considering the importance of the subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rutiny Committees was carried out. Such sweeping remarks without there being adequate materials on records were, thus, unwarranted. They are to a great extent contrary to and inconsistent with the directions issued by this Court in Madhuri Patil (supra). We would advert to this aspect of the matter a little later. The short question which arises for consideration is as to whether the Caste Scrutiny Committee could go into the validity or otherwise of the certificate granted by the authorities. The High Court relied upon a decision of this Court in Palghat Jilla Thandan Samudhaya Samrakshna Samithi and Another v. State of Kerala and Another [(1994) 1 SCC 359] and some other decisions of this Court. We, with respect, do not agree with the conclusion of the High Court that no enquiry was permissible at all, once it is found that the person concerned in whose favour a certificate had been granted to be notified as a Scheduled Tribe. The question in regard to the purport and object for which such Committees are constituted came up for consideration before this Court in a large number of cases. In Kumari Madhuri Patil (supra), this Court directed constitution of such Caste Sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity found as a fact that the appellants are not tribe Mahadeo Koli entitled to the constitutional benefits. In Subhash Ganpatrao Kabade case, the approach of the Division Bench of the High Court appears to be legalistic in the traditional mould totally oblivious of the anthropological and ethnological perspectives and recorded their findings with unwarranted strictures on the approach rightly adopted by the Scrutiny Committee and the Additional Commissioner to be (funny) obviously incorrect and queer reasoning . Admittedly the petitioner therein, in days preceding the Constitution, described himself in the service book as well as school leaving certificate as a Hindu Koli. The High Court also found that they were backward class but proceeded on the erroneous footing that Mahadeo Koli was introduced for the first time through 1976 Amendment Act and that, therefore, they were the genuine Scheduled Tribes entitled to the benefits. In view of the above, we cannot help holding that the reasoning of the High Court is wholly perverse and untenable. In State of Maharashtra v. Milind Ors. [(2001) 1 SCC 4] it was held that Halba-Koshti having not been mentioned in the Scheduled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same must be treated to be sacrosanct and no enquiry in relation to the correctness of the said certificate can be gone into by any Committee. The observations and directions of the High Court, in our considered opinion, were not only contrary to the judgments of the Court but also fall short of the ground realities. Mr. Arvind Savant, the learned Senior Counsel, would place strong reliance on a decision of this Court in Palghat Jilla Thandan Samudhaya Samrakshna Samithi (supra) and in particular paragraphs 18 and 19 thereof, which read as under : 18. These judgments leave no doubt that the Scheduled Castes Order has to be applied as it stands and no enquiry can be held or evidence let in to determine whether or not some particular community falls within it or outside it. No action to modify the plain effect of the Scheduled Castes Order, except as contemplated by Article 341, is valid. 19. The Thandan community in the instant case having been listed in the Scheduled Castes Order as it now stands, it is not open to the State Government or, indeed, to this Court to embark upon an enquiry to determine whether a section of Ezhavas/Thiyyas which was called Thandan in the Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is not for the State Government or for this Court to enquire into the correctness of what is stated in the report that has been made thereon or to utilise the report to, in effect, modify the Scheduled Castes Order. It is open to the State Government, if it so deems proper, to forward the report to the appropriate authority to consider whether the Scheduled Castes Order needs amendment by appropriate legislation. Until the Scheduled Castes Order is amended, it must be obeyed as it reads and the State Government must treat Thandans throughout Kerala as members of the Scheduled Castes and issue community certificates accordingly. This Court therein was not dealing with a case where a certificate had been granted wrongly to him although he was not entitled thereto. The question yet again came up for consideration before a Constitution Bench of this Court in Milind (supra), wherein in no uncertain terms it was held that the as President had the benefit of consulting the States through the Governors of the States, no further enquiry as regards the correctness of the entries in the order was permissible in law. The Court further held : 2. The Scheduled Tribes Order must be rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot. The authorities concerned were also found to have some role to play in finding out the correctness or otherwise of the claim for issue of a caste certificate. We may notice that in Bank of India and Another v. Avinash D. Mandivikar and Others [(2005) 7 SCC 690], a two-Judge Bench of this Court opined that the employee concerned having played fraud for obtaining an appointment, should not be allowed to get the benefit thereof. [See also Ram Saran v. I.G. of Police, CRPF Ors. [2006 (2) SCALE 131], Employees State Insurance Corporation v. Distilleries Chemical Mazdoor Union and Others [2006 (7) SCALE 171] and Sandeep Subhash Parate v. State of Maharashtra Ors. [2006 (8) SCALE 503]. While there are decisions and decisions in regard to the ultimate relief granted in each case, we see no authority laying down a law that under no circumstances an enquiry would be impermissible in law. A serious attempt has been made before us to argue on the merit of the matter. The learned Senior Counsel made endeavours that we should go into the merit of the matter and set aside the order of the Caste Scrutiny Committee, as has been done by the High Court. We decline to do so. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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