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2012 Supreme(Bom) 991

A.S.OKA, SUNIL P.DESHMUKH
Niraj Kamlakar More – Appellant
Versus
Scheduled Tribe Certificate Scrutiny Committee, Aurangabad – Respondent


Advocates appeared:
For the Petitioners:S.C. Phatale, holding for Mahesh S. Deshmukh, S.C. Yeramwar, holding for Anil S. Golegaonkar, Advocates.
For the Respondent:Y.K. Bobade holding for S.S. Tope, Y.C. Yeramwar holding for Pratap V. Jadhavar, D.B. Bhange, P.P. More, K.D. Bade Patil, Advocates, D.R. Korde, A.G.P.

Judgment :

(A.S. Oka, J.)

Considering the fact that the issue arising in these petitions is identical, we had put the parties to the notice that the petitions will be disposed of finally at the stage of admission.

2. For the sake of convenience, we are making a reference to the facts of the case in Writ Petition No.2016 of 2012. This is a case where the challenge is to the order dated 2nd December, 2011 passed by the Scheduled Tribe Certificates Scrutiny Committee, Aurangabad Division, Aurangabad. The petitioner applied for caste verification on the basis of the caste certificate dated 29th September, 2006, issued by the Deputy Collector and the District Supply Officer, Parbhani. The certificate issued was to the effect that the petitioner belongs to Thakur Caste which is recognised as a Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950. In the impugned order, the Caste Scrutiny Committee made a reference to the provisions of Rule 5(2) of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of Certificate) Rules, 2003 (hereinafter referred to as "the said Rules"). The Caste Scrutiny Committee came to the conclusion that the competent authority























































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