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2013 Supreme(Bom) 2314

A.S.OKA, G.S.PATEL
Pradip Gajanan Koli – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mahesh Deshmukh, Narendra Bandiwadekar, A.M. Joshi, V.K. Bodhare, R.K. Mendadkar i/by Chandrakant K. Bhangoji, Advocates.
For the Respondents:S.K. Shinde, Government Pleader a/w A.B. Vagyani, Additional Government Pleader, R3, Mandar Limaye, R1, Girish Kulkarni i/by K.R. Chaudhari, Advocates.

Judgment :

A.S. Oka, J.

1. The following question arises for consideration in these Petitions: Whether the employment of a person appointed against a post reserved for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (for short “reserved category”) on the basis of a caste certificate can be protected after his/her caste certificate is invalidated by the Competent Caste Scrutiny Committee duly constituted under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of ) Caste Certificates Act, 2000 ( for short “the said Act”)?

FACTS OF THE INDIVIDUAL CASES

2. Before we advert to the legal submissions made across the bar, it will be necessary to make a reference to the factual controversy in each Petition. The Petitioner in Writ Petition No.8014 of 2012 was appointed on a post of fireman reserved for Schedule Tribes on the establishment of the third Respondent Municipal Corporation. He was appointed on 13th March 1996. He obtained a caste certificate from







































































































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