PETITIONER:
GANESH S/O GULABRAO SUROSHE
Vs.
RESPONDENT:
STATE OF MAHARASHTRA & ORS.
DATE OF JUDGMENT: 17/03/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT
HEADNOTE
JUDGMENT
ORDER
Leave granted.
This appeal by special leave arises from the judgment of the High Court of Bombay, Nagpur Bench, made on 22.4.1996 in Writ Petition No.703/94.
The appellant claimed to be a member of the Scheduled Tribes. Admittedly, the appellant is ’Tahkur’ by caste, a forward caste. His frandfather was shown as a ’Thakur’ but not as ’Ka’ or Ma’ Thakur. In Maharashtra, ’Ma Thakur’ or ’Ka Thakur’ are described as Scheduled Tribes. The appellant, therefore, claimed the status of a Scheduled Tribe and made an application to the authorities for issuance of the Caste Certificate. After due enquiry, the Scrutiny committee constituted negatived the claim of the appellant for status of a Scheduled Tribe. The appellant filed a writ petition in the High Court which observed out that the Committee has minutely enquired into the findings and stated as under:
"This Court cannot examined the
material on record as an Appellate
Authority. If the conclusion
reached by Committee is possible on
the basis of the material on
record, then this Court cannot
interfere in exercising of its
extra ordinary jurisdiction under
Article 226 of the Constitution of
India. Accordingly it was
dismissed."
Shri R.S. Lambat, learned counsel for the appellant, contends that the Scrutiny Committee have recorded the finding in paragraph 8 as under:
"With this end in view the
Committee has applied the affinity
test and concluded that affinity
test was negatived. I feel that the
respondent has been giving unduly
high stress on the affinity aspect.
It may not be necessary that all
Thakur Scheduled Tribes have an
affinity with Ka Thakur or Ma
Thakur. The amplication of this
test is some time viewed so
mechanically and arithmetically
(eligible) the extraneous factors
such as educational background,
social environment, vocational up
bringing etc. which play a map role
in the shaping of one’s personality
are lost sight of."
It is contended that the conclusion reached on the basis of the findings of the Committee is not warranted. Therefore, the High Court would have gone into the question and verified the basis on which the Scrutiny Committee has scrutinised the claims of the appellant as a ’Ma Thakur’ or ’Ka Thakur’. It is true, as pointed out by the Scrutiny Committee, that each case is required to be examined in the facts and circumstances of the case. The notification of the President under Article 342 of the Constitution, subject to the Scheduled Castes and Scheduled Tribes Act, 1976, is conclusive and final. There are catena of decisions of this Court holding that the Court cannot examine, to find out the caste of the party, the basis of the certificate issued. The limited area the Court can survey is whether the caste mentioned in the presidential Notification would be applicable to the claimant or not. Under these circumstances, we do not think that the High Court has committed any error of law warranting interference.
The appeal is accordingly dismissed. No. costs.