RAIWAD MANOJKUMAR NIVRUTTIRAO Vs STATE OF MAHARASHTRA
Bench: R.V. RAVEENDRAN,A.K. PATNAIK
Case number: C.A. No.-007857-007857 / 2004
Diary number: 19269 / 2003
Advocates: D. M. NARGOLKAR Vs
ASHA GOPALAN NAIR
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7857 OF 2004
Raiwad Manojkumar Nivruttirao … Appellant
Versus
State of Maharashtra & Anr. … Respondents
J U D G M E N T
A. K. PATNAIK, J.
This is an appeal against the order dated 05.082003 of
the Bombay High Court in Writ Petition No.2146 of 2003.
2. The facts very briefly are that on 07.06.1990 the
Tehsildar and Executive Magistrate issued a caste
certificate to the appellant certifying that he belongs
to ‘Koli Mahadeo’, which was recognized as a
Scheduled Tribe in the State of Maharashtra. On
28.02.1992, the appellant was selected and
appointed to a vacancy of Clerk Grade-II in the
National Bank of Agricultural and Rural
Development (NABARD) in a vacancy reserved for
Scheduled Tribe. The General Manager of NABARD
referred the claim of the appellant as Scheduled
Tribe for verification and scrutiny. The Vigilance
Cell submitted its report on 19.09.2000. The
Scrutiny Committee then called the appellant for
interview and when the appellant did not appear on
several dates fixed for the interview, it finally
submitted its order on 27.01.2003 that the
appellant did not belong to ‘Koli Mahadeo’,
Scheduled Tribe.
3. Aggrieved by the findings of the Caste Scrutiny
Committee, the appellant filed Writ Petition No.2146
of 2003 in the High Court challenging the order of
the Caste Scrutiny Committee. By the impugned
order dated 05.08.2003, the High Court dismissed
the Writ Petition. In the impugned order, the High
Court held that the Caste Scrutiny Committee had
found from the documents on record that the father
of the appellant belonged to caste ‘Koli’ and ‘Koli’
and ‘Koli Mahadeo’ are different tribes as has been
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decided by this Court in Kumari Madhuri Patil &
Anr. v. Additional Commissioner, Tribal Development
& Ors. [AIR 1995 SC 94]. The High Court also
found that despite several notices issued to the
appellant, he did not appear before the Caste
Scrutiny Committee to attend the hearing and that
the appellant had failed to discharge the burden to
prove by producing cogent and reliable evidence that
he belonged to the ‘Koli Mahadeo’ tribe and not to
‘Koli’ tribe.
4. Learned counsel for the appellant made efforts to
persuade us to set aside the findings of the High
Court and the Caste Scrutiny Committee, but on
perusal of the order of the Caste Scrutiny
Committee and the High Court, we are not inclined
to do so as we find that there is no infirmity in the
order of either the Caste Scrutiny Committee or the
High Court.
5. Learned counsel for the appellant next submitted
that the appellant had been in service since 1992,
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almost for nineteen years and if the appellant is
removed from service on the basis of the order of the
Caste Scrutiny Committee, he will suffer immense
hardship. He cited the decision in Raju Ramsing
Vasave v. Mahesh Deorao Bhivapurkar & Ors.
[(2008) 9 SCC 54] in which this Court invoking its
jurisdiction under Article 142 of the Constitution,
directed that the appointment of the respondent
no.1 in that case, who had put in a long years of
service, should not be disturbed even though he was
found not to be belong to the Scheduled Tribe. He
submitted that a similar relief may be granted to the
appellant under Article 142 of the Constitution.
6. We find on reading of the judgment of this Court in
Raju Ramsing Vasave v. Mahesh Deorao
Bhivapurkar & Ors. (supra) that the respondent no.1
in that case claimed to be a member of the
Scheduled Tribe, namely, the ‘Halba’ tribe. The
caste of his father in school record was shown as
‘Koshti’, whereas the caste of his Uncle and his
Cousins were shown as ‘Halba’. After his MBBS
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course, he was appointed as a Field Officer in the
Maharashtra Pollution Control Board against a
vacancy meant for Scheduled Tribe subject to
validity certificate. He filed a writ petition in the
Bombay High Court and the Bombay High Court
allowed the writ petition in 1988. The Division
Bench of the Bombay High Court in its judgment
dated 11.08.1988 held that the respondent no.1
should be declared as belonging to ‘Halba’ tribe as
his other relatives have been declared as such.
Thereafter, a co-employee of respondent no.1
questioned the caste certificate granted in favour of
the respondent no.1 and this Court held that the
respondent no.1 did not belong to ‘Halba’ tribe and
was not a Scheduled Tribe. In Para 49 of the
judgment, however, this Court held invoking the
jurisdiction under Article 142 of the Constitution
that it would not be proper to disturb the very
appointment of the respondent no.1 in that case,
but observed that he shall not be eligible for grant of
any benefit as a member of Scheduled Tribe.
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7. In the facts of the present case, we find that the
appellant belongs to ‘Koli’ tribe and it was in Kumari
Madhuri Patil & Anr. v. Additional Commissioner,
Tribal Development & Ors. (supra) that it was held
that ‘Mahadeo Koli’ and ‘Koli’ were not one or the
same tribe and that ‘Koli’ tribe is not a Scheduled
Tribe and the decision of this Court in Kumari
Madhuri Patil & Anr. v. Additional Commissioner,
Tribal Development & Ors. (supra) has been relied
upon by the High Court in the impugned judgment
in this case to hold that the appellant did not belong
to ‘Mahadeo Koli’ tribe. Before the decision of this
Court in Kumari Madhuri Patil & Anr. v. Additional
Commissioner, Tribal Development & Ors. (supra),
the appellant had been appointed in the service of
NABARD on 28.02.1992 and since 1992 for long
nineteen years, he has been in service. Invoking our
jurisdiction under Article 142 of the Constitution,
we order that the initial appointment of the
appellant in the service of NABARD will not be
disturbed, but the appellant will not be granted any
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benefit as a member of the Scheduled Tribe
including any promotional benefit and promotional
benefit, if any, granted to the appellant as a member
of the Scheduled Tribe shall be cancelled. We make
it clear that the relief extended is not intended to be
precedent and shall not be relied upon to grant
similar relief.
8. The appeal is partly allowed with no order as to
costs.
The application for impleadment is dismissed.
.……………………….J. (R. V. Raveendran)
………………………..J. (A. K. Patnaik) New Delhi, October 13, 2011.
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