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1997 Supreme(Bom) 550

M.B.GHODESWAR, B.H.MARLAPALLE
Vandana d/o Narayan Sonkusare – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:-Heard the learned Counsel for the respective parties. Rule is made returnable forthwith with the consent of the learned Counsel.

2. The petitioner had appeared for the 12th Standard Examination held in March 1993, therefore, she applied well within time to respondent No. 3 for validation of her Caste/Tribe claim, contending that she belongs to Scheduled Tribe Halba and along with the said application, she had supplied in all 19 documents pertaining to herself, her parents and grand father as well as other near relations. In addition, she had also submitted a questionnaire duty filled-in in the prescribed form and an affidavit sworn by Vijay Natthuji Dekate, one of her near relations. Respondent No. 3, that is, the Scheduled Tribes Caste Certificate Scrutiny Committee, by its order dated 10-6-1993, rejected the claim of the petitioner and cancelled the Caste Certificate issued to her by the Executive Magistrate, Chimur, District Chandrapur. The Scrutiny Committee further held that the petitioner belongs to the Koshti Caste which is categorised under Other Backward Classes. The said order passed by respondent No. 3, came to be challenged in Appeal befo







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