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1999 Supreme(SC) 114

N.S.HEGDE, S.P.BHARUCHA
State Of Maharashtra – Appellant
Versus
Tanuja – Respondent


Judgment

N. Santosh Hegde, J.-The respondent in C.A. No. 2308/89 filed a writ petition in the High Court of Bombay, being W.P. No. 1317/88. In the said writ petition, the respondent herein challenged the order of the Caste Scrutiny Committee (for short ‘the Committee’) dated 27.10.1996 and the order of the Additional Commissioner, Konkan Division, Bombay, dated 12-11-1987 wherein the said authorities had held that the re­spondent was not entitled to claim the benefit of reservation for the Nomadic tribe in the State of Maharashtra. The res­pondent further challenged the vires of the Government Resolution dated 1.4.1987 on the ground that it was beyond the executive powers of the State.

2. The said writ petition was initially heard by a Division Bench of the Bombay High Court which referred the same to a larger Bench for disposal in view of some conflicting judgments on the questions in­volved. The petitioner thereafter came to be heard by a Full Bench of the Bombay High Court where it was contended on behalf of the respond­ent herein that she belonged to the Hindu Bawa Nomadic tribe which, according to her, was originally recognised as an Other Backward Class in Sindh, West Pakistan.






















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