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2004 Supreme(Bom) 1296

A.P.SHAH, S.U.KAMDAR
Amol Narayan Wakkar & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - SHAH A.P., J.: - These petitions under Article 226 challenge a common order passed by the Scheduled Tribe, Scheduled Caste Certificate Scrutiny Committee, Konkan Division, Thane dated 11th June, 2004 invalidating the caste certificates of almost 200 persons including the petitioners which certificates certified them as belonging to the "Thakar" Scheduled Tribe falling under Entry 44 of Scheduled Caste, Schedule Tribes Order (Amendment) Act, 1976. The 200 persons were seeking caste validity certificates for diverse purposes, including admission to professional courses, seeking employment or promotion in Government and Semi-Government bodies and Corporations etc. There is no dispute that all of the applicants belong to the "Thakar" community. This is borne out by the very first sentence of the impugned order, which states that the applicant are all Thakars from Sindhudurg (erstwhile Ratnagiri) District. The Scrutiny Committee however, relying upon certain passages from R.E. Ethoven's "Tribes and Castes of Bombay Presidency" and extracts from the Bombay Gazetteer, held that the traits of the Thakar community from the erstwhile Ratnagiri District, are indicative of nomadic c





























































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