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2002 Supreme(Bom) 252

D.G.KARNIK
Sarangappa Siddheshwarappa Swami – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - D.G. KARNIK, J.:---Rule, returnable forthwith. The learned A.G.P. appears and waives service on behalf of the respondents No. 1 to 3. The learned Counsel for the petitioner craves leave to delete the respondent No. 4. Leave granted. As all other respondents appeared and waived the service, petition is taken up for final hearing with consent.

2. The petitioner claims to be belonging to “Mala Jangam”, which is declared as scheduled caste in the Presidential Order issued in the year 1950. The petitioner obtained admission to D.Ed. Course in District Education Training Institute, Nanded, claiming the benefit of “Mala Jangam”- scheduled caste. The caste certificate issued by him was sent to the Scrutiny Committee (respondent No. 2 herein) for verification. The Scrutiny Committee, by its order dated 2nd October, 2001, invalidated the certificate. Prior to the order, the respondent No. 2 had called for the report of the vigilance cell. Copy of the report of the vigilance cell is produced at Exhibit-C to the petition. The Scrutiny Committee, after giving an opportunity of hearing to the petitioner, invalidated the caste certificate principally on the following grounds.

(i) The














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