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1988 Supreme(Bom) 378

S.P.KURDUKAR, C.MOOKERJEE, C.S.DHARMADHIKARI
M. S. Malathi (Kum. ) – Appellant
Versus
Commissioner, Nagpur Division & others – Respondent


JUDGMENT - C. MOOKERJEE, C.J.:---Their Lordships the Hon'ble Mr. Justice Mohta and the Hon'ble Mr. Justice Ratnaparkhi, JJ., have referred the Writ Petition No. 5164 of 1988 (transferred from Nagpur Bench Writ Petition No. 16 of 1984) to the Full Bench for determination of the following point:

"Whether the term 'in relation to the State' in Article 341(1) of the Constitution enures to the benefit of the Schedule Caste only within territorial area of that State, or whether a declaration of Scheduled Caste under the Constitutional order enures to the benefit of Scheduled Castes for whole of the country and not restricted to the particular State".

Mohta and Ratnaparkhi, JJ., were unable to agree with the view taken, by an earlier Division Bench of this Court in the case of (Wasudeo v. Union of India)1, 1973 Mh.L.J. 994 regarding the interpretation of the said expression "in relation to the State" in Article 341(1) of the Constitution. C.A. No. 5069 of 1988 has been heard along with the Full Bench Reference.

2. Kumari S. Malathi the petitioner in Writ Petition No. 16 of 1984 (renumbered as Writ Petition No. 5168 of 1988) belongs to Adi Dravida caste. The said Adi Dravida has been specifie






























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