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1990 Supreme(SC) 295

B.C.RAY, SABYASACHI MUKHARJEE, P.B.SAWANT, L.M.SHARMA, J.C.SHAH, A.N.GROVER, K.RAMASWAMY
Marrichandrashekharrao – Appellant
Versus
Dean, Geth G. S. Medical College – Respondent


Advocates:
A.S.BHASME, A.S.Bobde, A.Subhashini, R.P.BHATT, RAJU RAMACHANDRAN, RAVINDER BHATT, S.K.DHOLAKIA, S.SUKUMARAN, SADHANA RAMACHANDRAN, SOLI J.SORABJI, V.A.GANGULY, V.N.GANPULE

Judgment

SABYASACHI MUKHARJI

( 1 ) THE issues involved in this writ petition under Article 32 of the Constitution are of seminal importance for the country and the people. The principles which should be applicable in governing the problem are indisputable. Their application, however, presents certain amount of anxiety.

( 2 ) THE petitioner, a citizen of India, was born on 6/10/1969 in Tenali in the State of Andhra Pradesh. He belongs to the Gouda community also know as "goudu", it is stated in the petition. This community is recognised as Scheduled Tribe in the Constitution (Scheduled Tribes) Order, 1950, as amended up to date. We are not concerned with the correctness or otherwise of the factual position on this aspect in this application. The father of the petitioner had been issued a Scheduled Tribe certificate by the Tahsildar, Tenali, Andhra Pradesh on 3/08/1977. On the basis of the said certificate, the father of the petitioner was appointed in the Fertilizer Corporation of India, a public sector undertaking, on 17/10/1977 in the Schedule Tribes quota. On 19/06/1978, the petitioners father joined the Rashtriya Chemicals and Fertilizers Ltd. , a Government of India undertaking,















































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