LAWS(SC)-2008-7-5

STATE OF MAHARASHTRA Vs. RESHMA RAMESH MEHER

Decided On July 11, 2008
STATE OF MAHARASHTRA Appellant
V/S
RESHMA RAMESH MEHER Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The State of Maharashtra, appellant No.1 herein and its functionaries, namely, the Secretary to the Government of Maharashtra, Social Welfare Department; Divisional Commissioner, Konkan Division and Executive Magistrate, Teh. Vasai, District Thane, appellant Nos. 2, 3 and 4 respectively call in question the legality of the judgment dated 22nd June, 2006, rendered by the High Court of Judicature at Bombay in W. P. No.5867 of 2002. By the impugned order the High Court has set aside order dated 3rd April, 1998 passed by the Maharashtra Administrative Tribunal (for short the Tribunal) allowing the review applications preferred by appellant No. 1 herein against its earlier order dated 15th December, 1997 in O. A. Nos. 920 and 921 of 1993, filed by the respondents herein.

(3.) Pursuant to the applications filed in the year 1980, appellant No. 4 issued caste certificates to the respondents declaring them to be belonging to "Mahadeo Koli", a Scheduled Tribe. On the strength of the caste certificates, the respondents appeared in the competitive examination held by the Maharashtra Public Service Commission, for recruitment to the post of Clerk under the reserved category of Scheduled Tribes. Being successful in the examination, they were appointed to the said posts with effect from 21st May, 1982.