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2014 Supreme(Bom) 499

ANOOP V.MOHTA, A.A.SAYED
Madhuri Nitin Jadhav – Appellant
Versus
State of Maharashtra, through its Secretary, Tribal Development Department – Respondent


Advocate Appeared:
For the Petitioners:R.K. Mendadkar, Helen Koli-Mandlik, A.S. Golegaonkar a/w V.A. Sugdare, Mahesh Deshmukh, Advocates. For the Respondent:V.A. Gangal, Special Counsel a/w A.B. Vagyani, Additional G.P. With A.I. Patel, AGP, R3, G.S. Hegde, Advocate.

Judgment :

AnoopV. Mohta, J.

1. Rule, returnable forthwith. Learned counsel appearing for the respective Respondents waive service. Heard finally, by consent of the parties.

2. All these Petitions revolve around the issues relating to and connected to validation of castes certificates belonging to “Thakar”/ “Thakur” or “Ka Thakur”, “Ka Thakar”, “Ma Thakur”, “Ma Thakar” Schedule Tribe (ST) (for short “the Thakur tribes”) of the State of Maharashtra. By this common judgment, we are dealing with basically the issues of “the Constitutional area restriction removal”, “affinity test”, “relations certificates” and its effect on assessing the evidence/documents and the merits of the matter while granting /rejecting/validating the caste certificate.

3. Each case has to be considered on its own merits, as the relevant oral, as well as, documentary evidence are required to be dealt with independently, while deciding the case on its merits. However, the above concepts go to the root of the impugned orders passed by the Scrutiny Committee under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Ca








































































































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