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1997 Supreme(SC) 499

G.T.NANAVATI, K.RAMASWAMY
Ganesh S/o Gulabrao Suroshe – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

Leave granted.

2. 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.

3. The appellant claimed to be a member of the Scheduled Tribes. Admittedly, the appellant is Thakur by caste, a forward caste. His grandfather 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 the Committee is possible on the basis of the material on record, then this Court cannot interfere with the order of the Scrutiny Committee in exercising of its extra ordinary jurisdiction under Article 226 of the Constitut










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