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2007 Supreme(Bom) 880

S.J.VAZIFDAR, P.R.BORKAR
Swami Kalavati w/o. Sidhilingappa – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Mr.V.D.Salunke for the Petitioner.
Mr.N.B.Khandare, G.P. for Respondent Nos.1 and 2.

JUDGMENT : (Per S.J. Vazifdar, J.)

1. Rule. Rule made returnable and heard forthwith.

2. Respondent No.1 is impleaded through the Divisional Caste Certificates Scrutiny Committee, Aurangabad (hereinafter referred as the Scrutiny Committee). Respondent No.2 is the Collector, Nanded.

3. The Petitioner has impugned an order dated 5th June, 2007, passed by the Divisional Caste Certificate Scrutiny Committee, Aurangabad. The Petitioner has also sought a Writ of Mandamus directing Respondent No.1 to validate the caste certificate issued in her favour stating her as belonging to the Jangam caste.

4. The Petitioner claims to belong to the Jangam caste which was recognised as a Other Backward Class by a Government Resolution of the State of Maharashtra dated 13.10.1967. It is admitted that the Petitioner’s father was a resident of Andhra Pradesh prior to 13.10.1967; that the Petitioner was born and completed her primary education, in Andhra Pradesh and that the Petitioner got married and settled in Maharashtra after 1967.

5. The question that falls for consideration is whether the Petitioner is entitled to the benefits conferred by the State of Maharashtra on





































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