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2008 Supreme(Bom) 255

RANJANA DESAI, ROSHAN DALVI
Hemlata Milind Bacchav – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate appeareds
Mr. R.K. Mendadkar for Petitioner
Mrs. M.P. Thakur, A.G.P for Respondent s 1 & 2
Mr. Milind Deshmukh for Respondent 3

JUDGMENT

1. The Petitioner belongs to Maratha caste by birth. She is married to a person belonging to Mahadev Koli, Scheduled Tribe. The Petitioner claims to belong to Mahadev Koli, Scheduled Tribe by virtue of her marriage to her husband.

2. The only question for determination in this Writ Petition is whether she can claim the advantages and benefits granted to Mahadev Kolis by virtue of her marriage.

3. The Petitioner has relied upon a couple certificate which does not grant the benefits claimed by her. She has also relied upon the Government Resolutions (G. Rs) dated 19th October 1959 and 16th May 1966 encouraging inter- caste marriages under which she would be eligible to all concessions granted to that Scheduled Tribe.

4. The Petitioner was appointed Junior Assistant by Respondent No.3 on 29th December 2003 under the quota reserved for Scheduled Tribe. She submitted documents for issue of Caste Certificate showing that she belonged to Scheduled Tribe which was not by birth but by virtue of her marriage.

5. Respondent No.3 has terminated the Petitioner's service on 12th December 2006. The Petitioner contends that the termination is void and has applied for a writ of Certiorari



















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