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2012 Supreme(SC) 529

T.S.THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA
KAVITA SOLUNKE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT

T.S. Thakur, J.-Leave granted.

2. The High Court of Judicature at Bombay has while dismissing Writ Petition No.1810 of 2008 filed by the appellant herein refused to interfere with the order dated 20th February, 2008 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati. The Committee in turn had declared that the appellant was a ‘Koshti’ by Caste and not a ‘Halba’ which is a notified Scheduled Tribe. The facts giving rise to the present appeal lie in a narrow compass and may be summarised as under: Shri Shivaji High School, Dongaon, of which respondent No.5 happens to be the Head Master, invited applications in terms of advertisement dated 20th July, 1995 against three vacant posts of teachers in the said school. One each of these two posts was reserved for Scheduled Caste and Scheduled Tribe Candidates. The third post was ostensibly in open category and required a minimum qualification of B.P.Ed., which the appellant herein did not possess. The appellant claiming to be a ‘Halba’ applied for the solitary post reserved for the Scheduled Tribe candidates and was appointed as a low grade co-teacher in the pay scale of Rs.1200-2040 with effect from 1st August,

























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