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2002 Supreme(Bom) 458

B.H.MARLAPALLE, N.V.DABHOLKAR
Baburao Rajaram Shinde – Appellant
Versus
State of Maharashtra & others – Respondent


Judgment

B.H. MARLAPALLE, J.:---The scope of this petition, though initially limited to one particular issue regarding "Thakur" Scheduled Tribe, has subsequently been widened so as to consider the issues arising out of the Mandal Commission Report and the judgment of the Apex Court in (Indra Sawhney v. Union of India)1, A.I.R. 1993 S.C. 477, as well as in (Indra Sawhney v. Union of India)2, A.I.R. 2000 S.C. 498 and it encompasses even to examine the scope of Other Backward Classes Commission's Procedure, powers for formulation of its recommendations to be made to the State Government as mandated by the law laid down in the said case. It also considers the contemporary social factors and indicators which are more relevant than the traditional or conventional indicators in identifying/determining the Other Backward Classes.

2. With more than fifty years of Independence and the high rate of urbanisation owing to developments in industry, business, etc. as also the spread of education, higher education both technical and specialised, the social fabric in the rural area does not remain to be the same as it was 50 years ago or in the pre-indendence era. The requirements of time have forc


































































































































































































































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