Adivasi Mahadev Koli Yuvak Sangh Through Its President Amit Chandrakant Aglave v. The State Of Maharashtra And Another

2024:BHC-AUG:27284-DB 1 PIL / 116 / 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 116 OF 2021 Adivasi Mahadev Koli Yuvak Sangh, Maharashtra State, Ahmednagar, Office at Behind Sudesh Theatre, Kopargaon, District Ahmednagar, Through its President, Amit S/o Chandrakant Aglave, Age: 39 years, Occu. Social Worker, R/o Kopargaon, Taluka Kopargaon, District : Ahmednagar .. Petitioner

Versus

1] The State of Maharashtra, Through Principal Secretary, Tribal Development Department, Mantralaya, Mumbai 32 2] The Commissioner, Tribal Research & Training Institute (TRTI), Maharashtra State, 28, Queens Garden, Pune 411 001 .. Respondents ...

Advocate for petitioner : Mr. Deepak D. Choudhari and Mr. Sahil D. Chouhari AGP for the respondent - State : Mr. M.K. Goyanka ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 19 NOVEMBER 2024 ORDER (MANGESH S. PATIL, J.) :

Heard both the sides finally.

2.

The petitioner is espousing a public cause and in the process, challenging the notification issued by the State government, constituting a Scheduled Tribe Certificate Scrutiny Committee,

2 PIL / 116 / 2021 Nasik - 2 under the provisions of the Maharashtra Act No. XXIII of 2001.

3.

Learned advocate for the petitioner would take us through the papers and would buttress his stand ,referring to the statistics given in the petition pertaining to the distance between the taluka places from Ahilyanagar (Ahmednagar) district and Nasik, where the committee would situate pursuant to the impugned notification. He would submit that considering the long distance, it would result in causing great hardship to the persons belonging to the scheduled caste and scheduled tribe, to approach to the committee at Nasik for getting the certificate of validity, which in turn is a quasi judicial process. He would submit that it would have been appropriate for the State to establish the scrutiny committee at Ahilyanagar instead of setting up an additional committee at Nasik.

He would submit that establishment of Scrutiny Committee at such a distant place, would affect the rights of the aspiring students and candidates seeking employment on the basis of reservation and the decision to set up such additional Scrutiny Committee at Nasik, is arbitrary, capricious and would result in causing hardship to the persons from the scheduled caste and scheduled tribe categories.

3 PIL / 116 / 2021 4.

Learned AGP, referring to the affidavit in reply of respondent no. 2 would oppose the petition. He would submit that it is a matter of policy decision and this Court in exercise of writ jurisdiction cannot interfere in the policy matters. This Court cannot examine the appropriateness of the policy in setting up a Scrutiny Committee at Nasik. He would also refer to the distance given in the affidavit in reply to buttress his stand that in-fact, considering the tribal population of individual talukas from Ahilyanagar district, the talukas having larger population of tribal community are in proximity to Nasik, as compared to the district headquarter at Ahilyanagar. He would, therefore, submit that if the distance is the only criterion, setting up of an additional Committee at Nasik would serve the interest of the tribal communities from six talukas. Setting up Scrutiny Committee at Ahilyanagar would put them to hardship.

5.

We have considered the rival submissions and perused the papers.

6.

At the outset, one needs to emphasize and bear in mind the fact that this Court will have inherent limitations in dealing with all the policy matters. Setting up of a Scrutiny Committee at Nasik, being one such matter, we would be loath in considering the petitioners' request and the prayers. Suitability or otherwise of the policy decision taken by the State government, is not an justiciable issue.

4 PIL / 116 / 2021 7.

Though the emphasis of the petitioner is on the basis of the distance between different taluka places from Ahilyanagar district and the Nasik city, where the Scrutiny Committee is established, ex facie, the affidavit in reply gives a more clear picture of the decisive factor of tribal population in different talukas of Ahilyanagar district and particularly, pointing out that the distance between such talukas having more tribal population from Ahilyanagar district is more between such taluka places and the district headquarter, as compared to these places and Nasik city. The statistics given in the affidavit in reply is as under:- Sr.

No.

Tahsils within the jurisdiction of Nashik-02 District Total population Out of that tribal Percentage of tribal population population Committee Ahmednagar Ahmednagar 6,84,044 14,396 2.10 Akole Ahmednagar 2,91,950 1,39,730 47.86 Sangamner Ahmednagar 4,87,939 51,652 10.59 Rahuri Ahmednagar 3,22,823 34,036 10.54 Shrirampur Ahmednagar 2,87,500 19,556 6.80 Nevasa Ahmednagar 3,57,829 18,894 5.28 Shevgaon Ahmednagar 2,45,714 4,681 1.91 Pathardi Ahmednagar 2,58,109 4,118 1.60 Jamkhed Ahmednagar 1,58,380 2,272 1.43 Karjat Ahmednagar 2,35,792 3,464 1.47 Shrigonde Ahmednagar 3,15,975 13,870 4.39 Parner Ahmednagar 2,74,167 17,054 6.22 Kopargaon Ahmednagar 2,32,452 34,377 14.79 Rahata Ahmednagar 3,20,485 20,130 6.28 Total Ahmenagar District 44,73,159 3,78,230 8.46

5 PIL / 116 / 2021 The statistics given in the petition regarding the distance between different taluka headquarters from Ahilyanagar district and Nasik, is as under:- Name of Taluka Distance from Nashik City (in KMs) Distance from Ahmednagar City (in KMs) Akole Kopargaon Sangamner Rahta Parner Rahuri Shrirampur Nevasa Ahmednagar City -- Shrigonda Karjat Jamkhed Pathardi Shevgaon If this statistics is understood in conjunction, it is more than evident that the taluka places from Ahilyanagar district having considerably more tribal population are comparatively nearer to Nasik city than the district headquarter at Ahilyanagar. The statistics can be advantageously collated as under:- Name of Distance from Distance from Ahmednagar City Total population Out of that tribal Percentage of Taluka Nashik City population tribal population (in KMs) (in KMs) Akole 2,91,950 1,39,730 47.86 Kopargaon 2,32,452 34,377 14.79 Sangamner 4,87,939 51,652 10.59

6 PIL / 116 / 2021 If such is the statistical data, considering the larger tribal population, from the places nearer at Nasik, as compared to Ahilyanagar, even the stand of the petitioner about convenience or inconvenience would fall to the ground.

8.

As is mentioned hereinabove, setting up of Caste Verification Committee at a particular place is a matter of policy and this Court cannot undertake any objective scrutiny of such administrative decision, the issue being not a justiciable one, that too in exercise of the writ jurisdiction.

9.

Public Interest Litigation is dismissed.

10.

Amount of Rs.50,000/- (Fifty Thousand) deposited by the petitioner in this Court on 10 January 2022, be refunded to him. [ PRAFULLA S. KHUBALKAR ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/