ANOOP V.MOHTA, A.A.SAYED
Rakesh Sukanuji Dafade – Appellant
Versus
State of Maharashtra, through its Secretary, Environment Department – Respondent
Anoop V. Mohta, J.
1. Rule returnable forthwith. Heard finally by consent of all the parties along with other connected matters. Therefore, this common judgment as the issues are similar, so also referred judgments and the law.
2. In the present matters, the caste in question does not fall within the ambit of “Scheduled Tribe” and/or “Scheduled Tribe”, but it does fall within the ambit of “Special Backward Class (SBC)/OBC” i.e. “Mahadeo Koli”, “Koli” and “Koli M”. In all the matters, the Petitioners were appointed and confirmed prior to 28.11.2000, based upon the Caste Certificates. The Petitioners got all the benefits as belonging to the class “Mahadeo Koli”/Koshti SBC/Koli SBC. The respective caste claim/certificate was rejected by the concerned Scrutiny Committees, based upon the then prevailing procedures/circulars and thereby invalidated their caste certificates. 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 Certificate Act, 2000 (Maharashtra Act No. XXIII of 2001) (for short, the Act) w.e.f. 18 October 2001,
Kavita Solunke v. State of Maharashtra (2012) 8 SCC 430
Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54)
Sandeep Subhash Parate v. State of Maharashtra and others, (2006) 7 SCC 501
State of Maharashtra v. Sanjay K. Nimje
State of Maharashtra Versus Milind & Ors.(2001) 1 SCC 4)
Subhashchandra and Anr. v. Delhi Subordinate Services Selection Board and ors.
Dayaram v. Sudhir Batham and others (2012) 1 SCC 333)
Kalyan Chandra Sarkar v. Rajesh Ranjan (2005) 3 SCC 284
Lakshmi Kant Pandey v. Union of India
Common Cause v. Union of India (1996) 1 SCC 753
M. C. Mehta v. State of T. N. (1996) 6 SCC 756
Madhuri Patil Versus Commissioner
R. Vishwanath Pillai Versus State of Kerala & Ors. (2004 (2) SCC 105)
Bank of India & Anr. Versus Avinash D. Mandivikar & ors.(2005(7) SCC 690)
Dattu S/o Namdev Thakur Versus State of Maharashtra reported in 2012 (1) SCC 549
J. Jayalalithaa and others v. State of Karnataka and ors (2014) 2 SCC 401):
Teri Oat Estates (P) Ltd. v. UT, Chandigarh
Yogesh Ramchandra Naikwadi Versus State of Maharashtra & Ors. (2008) 5 SCC 652);
Raju Ramsing Vasave Versus Mahesh Deorao Bhivapurkar & Ors (2008) 9 SCC 54)
R. Unnikrishnan & Anr. Versus V.K. Mahanudevan & Ors.(2014(1) SCALE 305) (Dated 10.01.2014)
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