RAIWAD MANOJKUMAR NIVRUTTIRAO versus STATE OF MAHARASHTRA & ANR.

Citation: [2011] 12 S.C.R. 986 · Decided: 13-10-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Case Partly allowed
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Judgment (excerpt)

A 
B 
[2011) 12 S.C.R. 986 
RAIWAD MANOJKUMAR NIVRUTTIRAO 
v. 
STATE OF MAHARASHTRA & ANR. 
(Civil Appeal No. 7857 of 2004) 
OCTOBER 13, 2011 
[R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] 
Social status certificate - Issuance of caste certificate to 
appellant certifying that he belongs to 'Kofi Mahadeo', 
C recognized as a Scheduled Tribe in the State of Maharashtra 
- Selection and appointment of appellant to a vacancy of clerk 
in Bank, reserved for Scheduled Tribe - Verification and 
scrutiny as to the caste status of the appellant - Order passed 
by the Caste Scrutiny Committee that appellant did not 
D belong to 'Kofi Mahadeo', Scheduled Tribe - Said order 
upheld by the High Court -
On appeal, held: On facts, 
appellant belongs to Kofi tribe which is not a Scheduled Tribe 
- However, since appellant had been a, 'Pointed in the service 
of NABARD for nineteen years, his initial appointment in the 
E service of NABARD not disturbed but he would not be granted 
any benefit as a member of the Scheduled Tribe -
Constitution of India, 1950 - Article 142. 
Appellant was issued a caste certificate by the 
F Tehsildar and Executive Magistrate certifying that he 
belongs to 'Koli Mahadeo', which was recognized as a 
Scheduled Tribe in the State of Maharashtra. The 
appellant was selected and appointed to a vacancy of 
Clerk in the National Bank of Agricultural and Rural 
Development (NABARD) in a vacancy reserved for 
G Scheduled Tribe in the year 1992. The General Manager 
of the Bank referred the claim of the appellant as 
Scheduled Tribe for verification and scrutiny. The report 
was submitted in the year 2000. Thereafter, the Scrutiny 
Committee passed an order that the appellant did not 
H 
986 
RAIWAD MANOJKUMAR NIVRUTTIRAO v. STATE OF 987 
MAHARASHTRA & ANR. 
belong to 'Koli Mahadeo', Scheduled Tribe; Aggrieved, 
A 
the appellant filed a writ petition. The High Court 
dismissed the writ petition. Therefore, the appellant filed 
the instant appeal. 
Partly allowing the appeal, the Court 
HELD: In the facts of the instant case, the appellant 
belongs to 'Koli'tribe and it was in *Kumari Madhuri Patil 
& Anr. v. Additional Commissioner,· Tribal Development 
B 
& Ors. that it was held that 'Mahadeo Koli' and 'Koli' were 
not one or the same tribe and that 'Koli' tribe is not a C 
Scheduled Tribe. Before the decision of this Court in 
•Kumari Madhuri Patil & Anr. v. Additional Commissioner, 
Tribal Development & Ors. 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 
D 
service. Invoking the jurisdiction under Article 142 of the 
Constitution, the initial appointment of the appellant in 
the service of NABARD will not be disturbed, but the 
appellant will not be granted any benefit as a member of 
the Scheduled Tribe including any promotional benefit 
E 
and promotional benefit, if any, granted to the ~ppellant 
as a member of the Scheduled Tribe shall be cancelled. 
[Para 7] [990-E-H; 991-A] 
*Kumari Madhuri Patil and Anr. 
v. Additional 
Commissioner, Triba/Development and Ors. AIR 1995 SC 
F 
94: 1994 (3) Suppl. SCR 50 - relied on. 
Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar 
and Ors. (2008) 9 sec 54: 2008 (12) SCR 992 - referred 
~. 
G 
Case Law Reference: 
. 2008 (12) SCR 992 
Referred to 
1994 (3) Suppl. SCR 50 Relied on 
Para 5 
Para 7 
H 
988 
SUPREME COURT REPORTS 
[2011] 12 S.C.R. 
A 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
7857 of 2004. 
From the Judgment and Order dated 05.08.2003 of the 
High Court of Judicature at Bombay Bench at Aurangabad in 
B Writ Petition No. 2146 of 2003. 
c 
D 
M.S. Nargolkar, D.M. Nargolkar and Amey Nargolkar for 
the appellant. 
Asha Gopalan Nair for the Respondents. 
The following Judgment of the Court was delivered by 
A. K. PATNAIK, J. 1. 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 'Kofi Mahadeo', 
which was recognized as a Scheduled Tribe in the State of 
E 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 
F Tribe for
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