RAIWAD MANOJKUMAR NIVRUTTIRAO versus STATE OF MAHARASHTRA & ANR.

RAIWAD MANOJKUMAR NIVRUTTIRAO versus STATE OF MAHARASHTRA & ANR.

The appellant, though initially appointed based on a Scheduled Tribe certificate, was found not to belong to 'Koli Mahadeo' tribe, a recognized Scheduled Tribe, but to the 'Koli' tribe, which is not a Scheduled Tribe. Therefore, he is disentitled to benefits as a member of the Scheduled Tribe, but given his nineteen years' service, the initial appointment will not be disturbed under Article 142 of the Constitution; all benefits granted on the ground of Scheduled Tribe status are withdrawn.

Parties
Appellant: Raiwad Manojkumar Nivruttirao; Respondents: State of Maharashtra & Anr.
Jurisdiction
India
Judgment Date
13 October 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal From the High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Caste Certificate, Scheduled Tribes Status Verification, Article 142 of the Constitution
Constitutional Law Service Law Scheduled Tribes Law Caste Certificate Scheduled Tribes Status Verification Article 142 of the Constitution

Case Brief

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Parties

Raiwad Manojkumar Nivruttirao

Appellant

State of Maharashtra & Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From the High Court Judgment

Legal Issues

  1. 1 Whether the appellant belongs to 'Koli Mahadeo' Scheduled Tribe in Maharashtra
  2. 2 Whether the initial appointment of the appellant in NABARD, made on the basis of a Scheduled Tribe certificate, should be disturbed after the certificate was found invalid

Ratio Decidendi

The appellant, though initially appointed based on a Scheduled Tribe certificate, was found not to belong to 'Koli Mahadeo' tribe, a recognized Scheduled Tribe, but to the 'Koli' tribe, which is not a Scheduled Tribe. Therefore, he is disentitled to benefits as a member of the Scheduled Tribe, but given his nineteen years' service, the initial appointment will not be disturbed under Article 142 of the Constitution; all benefits granted on the ground of Scheduled Tribe status are withdrawn.

Court Disposition

Appeal partly allowed

Orders

  • The appellant's initial appointment in service of NABARD will not be disturbed.
  • The appellant will not be granted any benefit as a member of the Scheduled Tribe, including any promotional benefit; if such benefit has been granted, it shall be cancelled.