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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Naresh H Patil, N.M. Jamdar, JJ.
Shiveshwar Adiwasi Bahuuddeshiya Seva Bhavi Sanstha, Aurangabad - Appellant
Versus
State Of Maharashtra & Ors. - Respondents
Public Interest Litigation No. 104 of 2018
Decided On : 08-02-2019
Caste Validity Certificates - Committees - The court discussed the composition of the Committees and referred to judgments of the Hon'ble Apex Court in the case of Madhuri Patil (I) and Madhuri Patil (II). The Advocate General sought time to take further instructions in respect of the Committee formed under the Chairmanship of Hon'ble Mr. Justice P.V. Hardas (Retired). The Petitioner raised concerns about the appointment of Chairmen and vacancies in the Committees, which the State assured to look into on a priority basis.
Fact of the Case:
The court heard arguments regarding the verification of Caste Validity Certificates of the Scheduled Tribes and the issues related to the composition and functioning of the Committees responsible for this verification.
Finding of the Court:
The court acknowledged the issues raised by the Petitioner and the assurances given by the State to address the concerns regarding the appointment of Chairmen and vacancies in the Committees.
Issues: Composition of the Committees, Appointment of Chairmen, Vacancies in the Committees
Ratio Decidendi: The court's decision was influenced by the need to address the concerns raised by the Petitioner regarding the functioning of the Committees responsible for verifying Caste Validity Certificates.
Final Decision: The case was stood over to 22nd February, 2019 for further consideration.
JUDGMENT
1. Mr.Kumbhakoni, learned Advocate General has placed on record a brief note, which is taken on record. The notes includes the data relating to the Committees verifying the Caste Validity Certificates of the Scheduled Tribes. The data in respect of other classes, i.e. SC, OBC, VJNT etc, is yet to be placed on record.
2. We have heard learned counsel for the Petitioner and learned Advocate General for the State. Various issues were discussed during the course of hearing of this PIL such as,
a) Composition of the Committees.
b) Judgment of the Hon''ble Apex Court in the case of Madhuri Patil (I), (1994) 6 SCC 241 and Madhuri Patil (II), (1997) 5 SCC 437 .
3. Mr. Kumbhakoni, learned Advocate General seeks time to take further instructions in respect of the Committee which formed under the Chairmanship of Hon''ble Mr. Justice P.V. Hardas (Retired). He submits that the relevant material will be placed before the Committee headed by Hon''ble Mr. Justice P.V. Hardas (Retired).
4. Mr.Bayas, learned counsel for the Petitioner has also placed on record the compilation of the judgments. It is taken on record.
5. Learned counsel for the Petitioner submits that in the certain parts of the State, the Chairman of the Committee(s) are not appointed. He states that the Chairman of a particular Committee is presiding over other Committee(s). There are also vacancies in respect of the members in the Committee. These issues need to be looked into. Learned Advocate General assures that on priority basis the State would look into these issues.
6. Stand over to 22nd February, 2019 (High on Board).
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