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2014 Supreme(Bom) 840

ANOOP V.MOHTA, A.A.SAYED
Rakesh Sukanuji Dafade – Appellant
Versus
State of Maharashtra, through its Secretary, Environment Department – Respondent


Advocates Appeared:
For the Petitioners:R.K. Mendadkar, Helen Koli-Mandlik, Chintamani K. Bhangoji, Advocates.
For the Respondents:S.S. Bhende, AGP with M.S. Bane, “B” Panel Counsel with A.I. Patel, AGP, R3, Sanjeev J. Rairkar, R.S. Pai, a/w Radha Ved i/by M/s. Sanjay Udeshi & Co. Advocates.

Judgment

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,



































































































































































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