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2013 Supreme(Bom) 2609

R.M.BORDE, A.I.S.CHEEMA
Dipak – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.P. Bhandari
For Respondents/Defendant: D.B. Bhange, AGP and Shinde holding for M.K. Goyanka

JUDGMENT

R.M. Borde, J.

1. Heard. Rule.

2. With the consent of the parties the petition is taken up for final disposal, at admission stage.

3. The Petitioner is praying for quashment of the Judgment and Order passed by the Respondent No. 2 Caste Scrutiny Committee on 12th July, 2013 directing invalidation of the caste certificate issued in favour of the Petitioner.

4. The petitioner claims to be belonging to "Mang" caste which is a part of Scheduled Castes. The Petitioner tendered an application to the Respondent No. 3 for consideration of his claim for appointment in Class-IV category as a peon on compassionate ground. The request of the Petitioner was considered and he came to be appointed as a Peon as against a vacancy reserved for Scheduled Caste category. The caste certificate issued in favour of the Petitioner, certifying that he belongs to "Mang" caste has been referred to the Scrutiny Committee for validation. The scrutiny committee, however, on consideration of evidence placed on record by the Petitioner, directed invalidation of the caste certificate. This order is impugned in this petition.

5. The Petitioner, in order to substantiate his claim of his belonging to Scheduled Cas























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