ANOOP V.MOHTA, A.A.SAYED
Madhuri Nitin Jadhav – Appellant
Versus
State of Maharashtra, through its Secretary, Tribal Development Department – Respondent
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
Anand Versus Committee for Scrutiny and Verification of Tribe Claims & Ors. (2012) 1 SCC 113)
State of Maharashtra Versus Milind & Ors. (2001(1) Mh.L.J. 1)
R. Unnikrishnan & Anr. Versus V.K. Mahanudevan & Ors (2014(1) SCALE 305
Sudhakar Versus State of Maharashtra) (AIR 2004 S.C. 1036
Shweta Santalal Lal Versus State of Maharashtra) (2010(2) Mh.L.J. 904)
(Anand)(Supra) (Dattu Namdeo Thakur Versus State of Maharashtra) (2010(2) Mh.L.J. 494)
Raju Ramsing Vasave Versus Mahesh Deorao Bhivapurkar & Ors. (2008(9) SCC 54)
Chandrasshekhar Rao Versus Dean
Ayaaubkhan Noorkhan Pathan Versus State of Maharashtra (2013) 4 SCC 465)
(Uttar Pradesh Public Service Commission Versus Madhu Rana & Ors.) (2012) 12 SCC 132
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