LAWS(BOM)-2023-9-77

VISHAL Vs. STATE OF MAHARASHTRA

Decided On September 06, 2023
VISHAL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Mr. Golegaonkar learned advocate for the petitioner and the learned A.G.P.

(2.) The petitioner is challenging the order passed by the respondent- scrutiny committee constituted under Sec. 6 of the Maharashtra Act XXIII of 2001, confiscating and cancelling his certificate of 'Thakur' scheduled tribe.

(3.) As can be seen, admittedly, as has been mentioned in the impugned order itself, the petitioner's father Subhash and brother Vaibhav have been granted certificates of validity pursuant to the orders of this Court in Writ Petition No. 2128/1996 and Writ Petition No. 5940/2008 respectively. Even the petitioner's another brother Amit possesses a certificate of validity since the year 2000. The committee has refused to extend the benefit of these validities on the ground that affinity test was not applied and that the certificates of validities were issued only pursuant to the orders of the High Court.