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2002 Supreme(Bom) 1054

A.P.SHAH, RANJANA DESAI
Ranjana Tukaram Sayre – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - Smt. RANJANA DESAI, J.:---Rule. Respondents waive service. By consent of the parties, the petition is taken up for hearing forthwith.

This petition takes exception to the order dated 20-8-2002, passed by the Committee for Scrutiny Verification of Tribe Claims, Konkan Division, Thane ("the Scrutiny Committee" for short) invalidating the caste certificate dated 31-1-1997, issued to the petitioner, by the Sub-Divisional Magistrate, Bhiwandi, certifying that she belongs to Warli, Scheduled Tribe.

3. The petitioner's case is that she is "Agri" by birth. In the year 1987, she got married to one Tukaram Balu Sayre who belongs to Warli Community. Warli Community is recognised as a Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950 ("the said order" for short). Agri community is not declared a Scheduled Tribe thereunder. On the basis of her marriage, the Sub-Divisional Magistrate, Bhiwandi, issued the aforementioned certificate stating that the petitioner, her husband and their progeny is eligible for the concessions admissible to Scheduled Tribes.

4. The petitioner got elected as a member of respondent 3, the Thane Zilla Parishad in the elections held in 200






















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