STATE OF MAHARASHTRA Vs. RAVI PRAKASH BABULALSING PARMAR

JUDGEMENT

(1.) The jurisdiction of the Caste Scrutiny Committee and/or extent thereof falls for our consideration in these appeals which arise out of judgments and orders dated 28-07-2003, 04.10.2004 and 24.11.2004 passed by the Bombay High Court in Writ Petition Nos. 2745 of 1988, 3153 of 1996 and 3737 of 2001 respectively.

(2.) We may, however, notice the factual matrix of the matter from Civil Appeal No. 789 of 2005.

(3.) Respondent is said to be a member of the Scheduled Tribe being belonging to Thakur community as envisaged under Entry 44 of the list of the Scheduled Tribes pertaining to the State of Maharashtra issued in terms of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. A certificate showing that he belongs to the aforementioned tribe community was issued to him. Respondent obtained appointments and/or admissions in various institutions pursuant to or in furtherance of such certificate. However, the Scrutiny Committee constituted in terms of the decision of this Court in Kumari Madhuri Patil and Another v. Addl. Commissioner, Tribal Development and Others [(1994) 6 SCC 241], opined that he did not belong to the said community and in fact belongs to Kshatriya Thakur caste, whereupon his Scheduled Tribe certificate was cancelled.