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2012 Supreme(Bom) 928

A.M.KHANWILKAR, N.M.JAMDAR
Mangesh Nivrutti Kashid – Appellant
Versus
The District Collector, Satara – Respondent


Advocates appeared:
For the Petitioners:Anil V. Anturkar alongwith S.B. Deshmukh, R.K. Mendadkar alongwith C.K. Bhangoji & Kuldeep Pawar, Sanjeev Sawant, A.M. Saraogi, Ms. Yashashree Sutrale, Prakash Wagh, C.G. Gavnekar, Ashutosh Kulkarni, P.D. Dalvi, M.S. Karnik, Umesh Mankapure, Madhavi Kulkarni, Sachin Chavan, Prashant Bhavke, Shrishail Sakhare, S.R. Ganbavale, Rampal Kohli, Advocates & C.R. Sonawane, AGP.
For the Respondents:R2, C.R. Sonawane, R1 & R3, R.J. Mane, R3 & R4, Uma PalsuleDesai, AGPs, R5, S.V. Kotwal, R7, Anand Shalgaonkar i/b. S.B.Shetye, R3, S.P. Nalavade with Ms. Nanda Kuble, R1, P.M. Arjunwadkar, R4, Samir Kumbhakoni, R5, N.R. Bubna, R6, S.P. Shinde, R1, Deepak More, R8, D.B. Savant, R3, Nitin Deshpande, R1, Pradeep Patil, R5, A.A. Garge, R3, Vinay Bhate, R6, Yogesh Dalvi i/b. Sanjay Patil, Advocates.

Judgment :-

N.M. Jamdar, J.

1. These petitions arise from the proceedings undertaken for validation of Caste Certificates. The two points that we have framed for our consideration are common in all these petitions and thus, these petitions are grouped together and are disposed of by this common judgment.

2. The two points that arise for consideration are:

(A) Whether the composition of the Scrutiny Committees constituted by the State of Maharashtra by Government Notification dated 30.07.2011 for verification of caste certificates, is in consonance with the judgment of the Apex Court in the case of Madhuri Patil (I), 1994 (6) SCC 241 and Madhuri Patil (II), 1997 (5) SCC 437 and what is the legal status of the validity certificates granted by these Committees.

(B) Whether it is mandatory for the Scrutiny Committees to call for a field inquiry report from the Vigilance Cell constituted under the provisions of the Act and Rules, before granting validity certificates to the candidates and what is the legal status of the validity certificates granted without conducting a vigilance cell inquiry.

3. The leading writ petition as well as other writ petitions relating to the grant of validit
















































































































































































































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