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2019 Supreme(Bom) 925

PRASANNA B.VARALE, A.M.DHAVALE, R.G.AVACHAT
Rajendra – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Arun H. Koralkar, Adv., P.S. Patil, Adv., Sanjeev B Deshpande, Adv., A.N. Sabnis, Adv., Anandsing Bayas, Adv.

JUDGMENT :

A.M. Dhavale, J.

In the case of Rajendra Thakur Vs. State and others, Writ Petition No. 4918/2012, (for short, hereinafter referred to as Rajendra Thakur's Case) the Division Bench comprising Mr. Justice Naresh H. Patil (as he then was) and Mr. Justice A.B. Chaudhari did not agree with the view taken in Niraj Kamlakar More Vs. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad and others, writ Petition No.2016/2010 ( for short, hereinafter referred to as Niraj More's case) and other connected matters, decided on 11.05.2012, wherein the Division Bench of this Court comprising Mr. Justice A.S. Oka (as he then was) and Mr. Justice S.P. Deshmukh took a view that even if caste certificate is issued by Competent Authority having no territorial jurisdiction, the Caste Scrutiny Committee is duty bound to make adjudication in respect of caste claim of the petitioner and it cannot be dismissed for want of territorial jurisdiction of the Competent Authority issuing caste certificate.

2. Following issue for the purpose of consideration was framed and referred to the Larger Bench.

"Whether the candidate desirous of seeking caste certificate shall have to apply the Competent Autho

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