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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Prakash S/o Shivram Nikumbh – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.G. CHAPALGAONKAR, J.
1. Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.
2. The petitioners have approached this Court under Article 226 of the Constitution of India, thereby assailing the order dated 23.07.2015 passed by respondent no. 3-Sub Divisional Officer, Shirpur rejecting the applications of the petitioners for issuance of caste certificates, so also the order dated 21.06.2018 passed by Scheduled Tribe Certificate Scrutiny Committee confirming the order of Sub Divisional Officer.
3. Mr. Paithane, learned Advocate appearing for the petitioners submits that the petitioners had submitted the proposal for issuance of caste certificates with respondent no. 3-Sub Divisional Officer, Shirpur, who is the competent authority. The petitioners had submitted supporting documents like school leaving certificates, wherein caste is recorded as ‘Tokre Koli’ Scheduled Tribe, the caste certificate issued in favour of petitioner no. 1 as belonging to the ‘Tokre Koli’ Scheduled Tribe dated 04.09.1980, the caste certificate issued by Tahsildar, Sindkheda in favour of Shivram Nimba Nikumbh i.e. father
The central legal point established in the judgment is the requirement for the Competent Authority to issue a Caste Certificate after satisfying itself about the genuineness of the claim, and the lim....
The authorities exceeded their jurisdiction in denying caste certificates, improperly evaluating the validity of caste claims contrary to statutory provisions.
The importance of older documents in establishing caste claim and the need to consider the broad perspective of caste claim genuineness.
The main legal point established in the judgment is that the Scrutiny Committee had no statutory power to re-examine a Caste Validity Certificate already issued, and thus, the cancellation was withou....
The authority to verify Caste Certificates and the jurisdiction to cancel or issue fresh certificates lies with the Caste Scrutiny Committee under the Government Order dated 28.02.2011, unless obtain....
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