SANTOSH NAMDEV PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this group of writ petitions, the petitioners have challenged the circulars dated 20.9.2011, 7.10.2011 and 17.11.2011 issued by the Social Justice and Special Assistance Department of the State Government by which the State Government has stipulated the cut-off date for making applications for verification of caste certificates issued by the competent authority under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Maharashtra Act No.XXIII of 2001) (hereinafter referred to as the 'caste verification act'), for the purpose of verification of caste certificates of the candidates willing to contest for elective posts in local authorities.

(2.) Section 3 of the Caste Verification Act, 2000 (Maharashtra Act No.XXIII of 2001) provides that any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category required to produce a caste certificate in order to claim the benefit of any reservation provided to such castes, Tribes or Classes either in public employment or for admission to any educational institution or any other benefit under any special provisions made under clause 4 of Article 15 of the Constitution of India or for the purpose of contesting for elective post in any local authority or in the cooperative Societies; or for purchase or transfer of land from a tribal landholder or any other purposes specified by the Government, shall apply in such form and in such manner as may be prescribed, to the Competent Authority for the issue of a caste certificate.

(3.) While any person aggrieved by an order of rejection of such an application has a right to file an appeal to the appellate authority, the person who succeeds in obtaining a caste certificate from the competent authority has to further obtain a caste validity certificate to be issued by a scrutiny committee constituted under section 6 of the Act. Section 6 insofar as is relevant for the purpose of the present petition reads as under: