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1986 Supreme(Bom) 271

C.S.DHARMADHIKARI, H.H.KANTHARIA
Maharashtra Adivasi Thakur Jamat Seva Mandal & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---These two writ petitions have been filed in a representative capacity on behalf of Thakurs-the Scheduled Tribes, in view of difficulties which were being faced by them in getting the necessary Certificates.

2. According to the petitioners, the Competent Authorities, who are authorised to issue the necessary Scheduled Tribes Certificates, refused to issue the certificates under the instructions of the State Government in respect of the students who are members of the Thakur Community but who were not residents of 4 districts on the slope of Sahyadri i.e. Nashik, Ratnagiri, Kolaba (Raigad) and Thane. According to the petitioners this is wholly in breach of the Scheduled Castes and Scheduled Tribe Orders (Amendment) Act, 1976. The petitioners have also challenged the Government Resolution dated 8th March, 1985 and its accompaniments on the ground that what has been prohibited directly is being sought to be imported indirectly, meaning thereby that though by the Amending Act the area restrictions have been removed by this Government Resolution, it is indirectly imported and acting on that basis, the Competent Authorities are refusing to grant the ce

























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