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2009 Supreme(Bom) 1719

K.U.CHANDIWAL, NARESH H.PATIL
Dattu s/o Namdev Thakur – Appellant
Versus
State of Maharashtra Through its Secretary Department of Tribal Development – Respondent


Advocates appeared:
For the Petitioners:MK Deshpande, Advocate. For the Respondents:SK Tambe, AGP, R2, US Malte (Committee), R3 & R4, MS Sonawane, Advocate.

Judgment :-

K.U. CHANDIWAL, J.

1) Rule. Rule made returnable forthwith. By consent of parties heard finally.

2) Since the issue involved in these writ petition is identical, therefore, these petitions are being heard and disposed of by this common judgment.

3) The petitioners claim to be `Thakur’ (scheduled tribe). Their caste certificates issued by the competent authorities on 7.6.2001 were invalidated by the Caste Scrutiny Committee by order dated 4.9.2009 and dated 24.9.2009 respectively and the same is assailed in writ jurisdiction under Articles 226 and 227 of the Constitution of India.

4) The petitioner – Dattu has studied initially up to Xth Std. and during the course of his employment, he has completed B.A.B.Ed. course. He joined as primary teacher on 15.3.1994 and was promoted time to time. The petitioner had a certificate dated 1.7.1981 issued by the Executive Magistrate, Yawal, certifying that the petitioner is scheduled tribe `Thakur’. The said certificate was subjected by the Block Development Officer for its validation on 22nd October, 2003. However, since the Caste Scrutiny Committee did not decide it in time, the petitioner with his son and daughter had approached































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