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2006 Supreme(SC) 771

S.B.SINHA, DALVEER BHANDARI
Sandeep Subhash Parate – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

S.B. Sinha, J. — Leave granted.

2. The appellant claims himself to be a member of Halba community. Halba is a Scheduled Tribe. He obtained admission in the courses of Bachelor of Engineering (Instrumentation Engineering) in Pune University, (Respondent No.4), claiming himself to be belonging to Halba a Scheduled Tribe community. According to the appellant, the question as to whether Koshti-Halbas are members of Scheduled Tribe or not had been authoritatively decided for the first time in State of Maharashtra vs. Milind & Ors. [(2001) 1 SCC 4] and in that view of the matter, he had represented himself to be a member of Scheduled Tribe. Drawing our attention to the fact that even in Milind (supra), this Court directed that those, who have completed their courses from the universities, should be allowed to obtain degrees and get the benefit thereof as general candidates, the appellant was also entitled to a similar relief.

3. Indisputably, the Caste Scrutiny Committee constituted in terms of the decision of this Court in Kumari Madhuri Patil & Anr. vs. Additional Commissioner, Tribal Development & Ors. [(1994) 6 SCC 241] invalidated the caste certificate granted in favour o
























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