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2013 Supreme(Bom) 1409

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Vijaykumar Narayanrao Kale – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: None.
For the Respondents: R1 & R2, A.S. Fulzele, Asstt. Govt. Pleader.

Judgment :

Oral Judgment: (B.P. Dharmadhikari, J.)

1. None for the petitioner. Shri A.S. Fulzele, learned Assistant Government Pleader is present for respondent Nos.1 and

2. The matter pertains to caste claim and this Court has not granted any interim order to the petitioner. The petitioner then aged about 25 years had sought validity as 'Mahadeo Koli, Scheduled Tribe' candidate. Basic certificate is issued to him by the Executive Magistrate, Daryapur, District Amravati on 26.6.1984. The said certificate and tribe claim was invalidated by first authority viz. the Scheduled Tribe Certificate Committee, Maharashtra State, Pune on 04.05.1986. As per the procedure then prevailing, petitioner assailed this adjudication by filing an appeal before the respondent no.2. Respondent no.-2 Additional Commissioner has dismissed that appeal on 07.08.1993.

2. Shri Fulzele, learned Assistant Government Pleader appearing on behalf of respondent Nos.1 and 2 has sought time to assist the Court as relevant records are not with him. However, on legal issues, he has invited our attention to 2003 (4) Mh.L.J. 781 (Raju vs. Establishment Officer, MSEB) and 2008 (1) Mh.L.J. 314 (Deepak Shriram Kale vs. Sta














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