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2006 Supreme(Bom) 645

D.Y.CHANDRACHUD, KSHITIJ R.VYAS
Maharashtra Adivasi Thakur Jamat Seva Mandal – Appellant
Versus
State of Maharashtra – Respondent


Judgment

D. Y. CHANDRACHAUD, J.

( 1 ) RULE, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the Respondents waives service. By consent of Counsel and at the request of Counsel taken up for hearing.

( 2 ) THE Petitioner claims to have instituted these proceedings in the public interest to espouse the claim of persons belonging to the Thakur community which is listed as a Scheduled tribe in the Presidential notification issued under Article 342 of the constitution. The relief that has been sought is the issuance of a writ of Mandamus to the State Government to appoint Judicial officers as Chairpersons of Scrutiny Committees functioning under the control of the Tribal Development Department. These committees are entrusted with the function of verifying the authenticity of the claims of persons who seek recognition as members of a Scheduled Tribe. There is a challenge in these proceedings to a Government Resolution dated 7th December 2005. A declaration has been sought that the Scrutiny Committee at Nasik has no jurisdiction to apply the socio-cultural affinity test once the Committee comes to the conclusion that the documentary evidence on record shows the t











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