RAVIPRAKASH BABULALSING PARMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Madkholkar, learned Counsel, for the petitioner, Mr. Sonare, learned A. G. P. for respondent No. 1 and Mrs. Deshpande, learned Counsel, for respondent No. 3.

(2.) INVOKING the jurisdiction of this Court under Articles 226 and 227 of the constitution of India, the petitioner has sought the relief for quashing the order dated 15-10-1985 passed by respondent No. 3/caste Scrutiny Committee and the order dated 5-10-1988 passed by respondent No. 2/commis-sioner, Nagpur Division, Nagpur, dismissing the petitioner's appeal. The petitioner claims to be a "thakur" belonging to the Schedule Tribe as specified by the President after consultation with the Governor of the State in accordance with the provisions of Article 342 of the Constitution of India. By virtue of the impugned orders, petitioners' caste claim has been invalidated and it has been held that he belongs to "kshatriya Thakur" caste which is outside the purview of Entry No. 44 in Part IX of Schedule II to the Scheduled Castes and scheduled Tribes Orders (Amendment) Act, 1976, Act No. 108 of 1976, enacted by the Parliament.

(3.) THE petitioner is resident of Umrer, District Nagpur. The petitioner had obtained the Caste Certificate bearing No. R. C. 644/mrc-81/80-81, dated 24-7-1981, from the Executive Magistrate, Umrer. He had applied for the post of Assistant Sales Tax Inspector against a vacancy reserved for Scheduled tribe. He was appointed in the reserved category as inspector of Sales Tax in class III cadre by an appointment order dated 12-9-1984 issued by the Additional Sales Tax Commissioner, Bombay. The appointment order was subject to training for two years.