SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Bom) 1461

B.P.DHARMADHIKARI, F.M.REIS
Shailesh s/o Krishnarao Kohad – Appellant
Versus
Scheduled Tribe Caste Certificate Scrutiny Committee – Respondent


Advocates appeared:
For the Petitioner:M.G. Bhangde, Senior Advocate with R.M. Bhangde, Advocate. For the Respondents:R1, N.W. Sambre, Advocate, R2 & R3, Learned A.G.P.

Judgment :-

B.P. Dharmadhikari, J.

1. The present Writ Petition challenges the order of respondent no.1 Caste Scrutiny Committee dated 13.04.2007 invalidating caste claim of the petitioner as belonging to Halba Scheduled Tribe. The certificate dated 31.07.1987 issued to him by the Executive Magistrate has been cancelled and confiscated. This Court has granted interim relief in the matter which continues to operate. The Writ Petition was to be heard and decided at the stage of admission along with other connected matters as the challenge relating to constitution of the Committee is common in all matters. However, at the stage of hearing, because of other distinct points involved in each matter, it was felt appropriate to decide this Writ Petition first.

2. Before proceeding to narrate the facts and in order to avoid prolixity, we find it appropriate to mention the challenges as raised by the petitioner. The first and foremost challenge is to constitution of respondent no.1 Committee, which has decided the caste claim of the petitioner on the ground that, Smt. V.P. Naik, Research Officer could not have been the Member-Secretary and hence, there was no quorum as required by law. The se




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top