2004(2) ALL MR 226
IN THE HIGH COURT OF JUDICATURE AT BOMBAY(AURANGABAD BENCH)

B.H. MARLAPALLE AND P.V. KAKADE, JJ.

Anilkumar S/O. Raghunathrao Chandorikar Vs. State Of Maharashtra & Ors.

Writ Petition No.2787 of 1989

18th June, 2003

Petitioner Counsel: Shri. S. B. TALEKAR
Respondent Counsel: Shri. P. M. SHINDE,Shri. M. S. DESHMUKH,Shri. S. M. KULKARNI

Scheduled Castes and Scheduled Tribes Order (Amendment Act) (1976) - Presidential Order (1976) - Entries in Presidential Order - Entries are required to be read as they are - Court cannot search, accept, confirm or interpret such entries for synonyms or Sub-Castes or Sub-tribes. AIR 1995 SC 94 - Followed. (Para 9)

Cases Cited:
Subhash Ganpatrao Kabade Vs. State of Maharashtra, W.P. No.438/1984, Dt.:20-6-1986 [Para 2]
Ku. Madhuri Patil Vs. State, AIR 1995 SC 94 [Para 3,9]


JUDGMENT

MARLAPALLE, J. :- This petition arises out of an order passed by the Respondent No.2 - Committee, invalidating the petitioner's caste claim of belonging to Mahadeo Koli Scheduled Tribe and the order passed by the Additional Divisional Commissioner, Aurangabad on 28.2.1989 confirming the order passed by the Scrutiny Committee.

2. The Tahsildar at Udgir issued a caste certificate in favour of the petitioner on 26.3.1979 stating that the petitioner belongs to Mahadeo Koli Scheduled Tribe and a similar certificate was issued to the petitioner by the Executive Magistrate, Aurangabad on 2.3.1985. On completion of his graduation in 1979, he came to be appointed as Industries Inspector under the Directorate of Industries, Bombay, against a post reserved for Scheduled Tribe. He was also promoted to the next higher post, by giving him the benefit of reservation available to Scheduled Tribe. The petitioner's tribe claim, based on the certificate issued by the Tahsildar Udgir and Executive Magistrate, Aurangabad, came to be referred for scrutiny by the Industries Department to the Respondent No.2 - Committee. The said claim was invalidated by the Committee presided over by 3 members by order dated 10.2.1987. The petitioner's first appeal was decided by the Additional Divisional Commissioner on 12.10.1987 and the case was remanded for fresh remarks of the Committee on the additional evidence, i.e., a copy of the judgment dated 20-6-1986 passed by this Court in Writ Petition No.438 of 1984 in the case of "Subhash Ganpatrao Kabade Vs. State of Maharashtra and others", The petitioner, thereafter, appeared before the Respondent No.2 - Committee and after considering his additional evidence and giving him an opportunity of hearing, the committee recorded a fresh finding and turned down the petitioner's tribe claim. In the fresh round of appeal, the lower appellate authority considered the original order of the Committee as well as the fresh remarks submitted on the basis of additional evidence and held that the decision of the Committee did not call for any interference, on scrutiny of the record and the arguments advanced by the appellant.

3. At the outset, we must note the request made by Shri. Talekar, Adv. for remand of the case, to the newly constituted Committee by the State Government, pursuant to the law laid down in the case of "Ku. Madhuri Patil Vs. State", AIR 1995 SC 94. He submitted that the documents, which were produced by the petitioner were not duly considered by the Committee and after remand order was passed, the additional remarks submitted to the lower appellate authority, were not supplied to the petitioner and, therefore, there was violation of principle of natural justice. We are not impressed by the reasoning addressed before us by the learned counsel. We have noticed that the original decision dated 10.2.1987 has been rendered by the Committee of 3 members and during last 16 years or so, the petitioner has continued to enjoy the benefits of reservation though his tribe claim was invalidated. We deemed it expedient to call for the original record from the Respondent No.2 Committee as well as the service book of the petitioner's father from the office of Block Education Officer, Panchayat Samiti, at Udgir.

4. The petitioner had furnished the following documents before the Committee.

1) Caste Certificate bearing No. dated 26.3.1979 issued by the Tahsildar, Udgir, district Osmanabad, in favour of the candidate.

2) Extract of the Service Book (first page) of the candidate.

3) Caste certificate dated 21.3.1985 issued by the Executive Magistrate, Aurangabad, in favour of the candidate.

4) Certificate dated 26.3.1979 issued by the Chairman, Committee on the Scheduled Castes and Scheduled Tribes, Vimukta Jatis and Nomadic Tribes.

5) Caste Certificate bearing No. dated 15.12.1978 issued by the Tahsildar, Udgir, in favour of candidate's father Shri. Raghunathrao Gunawantrao Chandorikar.

6) Xerox copy of caste certificate in favour of the candidate issued by the Sarpanch, Kini, Taluka Udgir issued on 10-4-1985.

7) Xerox copy of caste certificate in favour of the candidate issued by Police Patil, Kiniyalladevi, Taluka Udgir, dated 10.4.1985.

8) School leaving certificate in favour of the candidate issued by Head Master Jagruti Vidyalaya, Kinni, Taluka Udgir, District Osmanabad bearing R.No.45, certificate No.56 showing his caste as Koli.

9) Xerox copy of caste certificate in favour of the candidate's father issued by the Head Master, Zilla Parishad Kendriya Prathamic Shala, Kinniyalladevi issued on 10.4.1985.

10) Xerox copy of caste certificate in favour of candidate's sister Kum. Arunatai Raghunathrao Chandorikar issued by the Head Master, Jagruti Vidyalaya, Kinni (Yalladevi) Taluka Udgir, Dist. Latur dated 10.4.1985.

11) Xerox copy of service extract of the candidate's father.

The document Nos.1 to 4 and 6 to 8 pertain to the petitioner himself and, therefore, they were subject to verification result. The document at Sr. No.5 was a caste certificate dated 15.12.1978 issued by the Tahsildar, Udgir, in favour of the petitioner's father, namely, Raghunath Gunwantrao Chandorikar and the document at Sr. No.9 was a Caste Certificate issued by the Head Master, Central Primary School, Kinniyalladevi, on 10.4.1985.

The document at Sr. No.10 was such a certificate issued in favour of the petitioner's sister by the Head Master, Jagruti Vidyalaya, Kinniyalladevi on 10.4.1985.

The document at Sr. No.11 was a copy of the service extract of the petitioner's father. The certificates issued in favour of petitioner's brother and sister were of the same date i.e. 10.4.1985 and obviously, they were obtained for supporting the claim of the petitioner.

5. In the course of inquiry, the Scrutiny Committee considered various documents including the School Leaving Certificate issued by the Jagruti Vidyalaya at Kinniyalladevi in favour of the petitioner dated 28.6.1974 and also the service book of the petitioner's father.

6. On going through the original record produced by the Respondent No.2 - Committee, we have noted that the petitioner was born on 29.10.1958. He passed his S.S.C. examination in April, 1974 and came to be admitted in the Pre-University Course i.e. First Year of B.Sc. Degree Course in the same year. He completed his graduation in April, 1979 with Chemistry Hons. His father Raghunathrao, obtained a caste certificate on 15.12.1978 from Tahsildar, Udgir stating that he belongs to the 'Mahadeo Koli Scheduled Tribe". In the said certificate, there is a noting of the evidence, on the basis of which, it was issued and it is stated that the certificate was issued on the basis of the affidavit submitted by Raghunathrao on 8.12.1978 as well as the certificate issued by the Village Panchayat, Kinniyalladevi dated nil. The Presidential Order of 1950 as applicable to the State of Bombay recognized "Koli Dhor" as scheduled tribe and the modification order issued in 1956 enlarged this entry to "Koli Dhor, Tokre Koli and Mahadeo Koli" as well. The amendment order of 1976 removed the area restriction as the earlier order of 1950 as well as 1956 was not applicable to Marathwada and Vidarbha regions, and the amended order was brought into force in 1978. It therefore seems obvious that the petitioner's father obtained, for the first time, a caste certificate on 15.12.1978 as belonging to "Mahadeo Koli Scheduled Tribe". This certificate appears to be the basis for correcting the service book, the original of which is placed before us. We have noted that Column No.2 of the said book, was regarding caste and in the said column, the caste was originally recorded as "Mitrashi Hindu" and thereafter the words "Koli Mahadeo" have been added in different ink. Shri. Talekar, the learned counsel submitted before us that the service book, referred to, was written in English from the original Urdu Service book and in the Urdu Service Book, the entry against Caste was, "Mitrashi Hindu (Koli Mahadeo)" and, therefore, there was no interpretation. We have noticed that even the service book maintained in Urdu language, has been subsequently corrected (Page 14 of the Urdu Service Book) and the last bracketed portion in Column No.2, on the said page, is a subsequent addition. We called upon the petitioner to submit any certificate stating his caste as "Mahadeo Koli" which was issued prior to 1978 and there is none such certificate.

7. The School Leaving Certificate issued by the Jagruti Vidyalaya, Kinniyalladevi, in Udgir Taluka, where the petitioner was admitted on 22.6.1971, has recorded his religion and caste as "Hindu (Koli)". He has left the said school on 28.6.1974, obviously, on passing his S.S.C. Examination. This document has the probative value of the highest order and it appears to be the most natural document issued in ordinary course. The petitioner passed his S.S.C. examination and left the school to join the college. The Scrutiny Committee has rightly considered this document and turned down the claim of the petitioner on the basis of all other documents, which were issued after 1978. The entries in the service book of the petitioner were mainly based on the caste certificates, which were the subject matter of verification by the respondent No.2 Committee.

8. It is also not known, why the petitioner obtained two caste certificates i.e. first one on 28.3.1979 issued by the Tahsildar Udgir and the second one, on 2.3.1985 issued by the Executive Magistrate at Aurangabad.

9. Even if we presume that the petitioner's father's service book was not interpolated at any time, the caste shown in the said service book is admittedly, "Mitrashi Hindu Koli Mahadeo". In the Presidential Order of 1976, such an entry does not appear in respect of the recognized scheduled tribes for the State of Maharashtra and the entries at Sr. Nos.28, 29 and 30 read as under :-

28) "Koli dhor, Tokre Koli, Kolcha or Kolgha;

29) "Koli Mahadeo, Dongar Koli"

30) "Koli Malhar"

In none of these 3 entries, the caste "Mitrashi Hindu Koli Mahadeo" is incorporated and the said caste does not find place under the Scheduled Castes and Scheduled Tribes Order (Amendment Act) of 1976 as applicable to the State of Maharashtra.

Shri. Talekar, the learned counsel for the petitioner canvassed before us that "Mitrashi" is also known as "Koli Mahadeo" and vice-versa and they are synonyms of each other. This argument cannot be accepted for the simple reason that the entries in the Presidential Order of 1976 are required to be read as they are, and this Court cannot search, accept, confirm or interpret such entries for synonyms or sub-castes or sub-tribes, as has been held by the Apex Court in the case of "Ku. Madhuri Patil Vs. State" AIR 1995 SC 94.

10. We are, therefore, of the considered view that the Scrutiny Committee did not fall in error apparent on the face of the record, warranting our interference in the said decision and on assessing of the documents submitted by the petitioner and as are available in the record produced before us, we hold that the petitioner does not belong to Mahadeo Koli Scheduled Tribe. The challenge to the order passed by the Scrutiny Committee in cancelling the petitioner's caste certificate, is bereft of substance and therefore, it must fail.

11. In the result, the petition fails and the same is hereby dismissed. Interim order stands vacated. While we direct a copy of this decision to be forwarded to the Commissioner of Industries, State of Maharashtra, the petitioner is entitled for protection of his service, in case, there is a vacancy in the category of Special Backward Classes and recognized by the Govt. of Maharashtra vide Govt. Resolution dated 15.6.1995 (Koli Caste).

12. Rule is discharged with no orders as to costs.

Petition dismissed.