PUNDALIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY Writ Petition No: 3250/1995, the petitioner is challenging the order dated 22nd June 1995 passed by the Scheduled tribes Caste Certificate Scrutiny Committee, Maharashtra State, Nasik (hereinafter referred to as " the Committee"), by which the Committee invalidated the caste certificate issued by the Executive Magistrate, Jalgaon on 14th June 1995 thereby certifying that the petitioner belongs to Tokre koli" Scheduled Tribe.

(2.) BEFORE we proceed to consider the challenge to the order, we will refer to the facts of Petition No: 3250/1995:

(3.) THE petitioner, after passing XII standard examination, desired to take an admission in Medical, Engineering or allied courses, on a seat reserved for candidates belonging to Scheduled Tribe as the petitioner claims to belong to that category. The petitioner submitted an application to the Executive Magistrate, with a request to issue certificate as belonging to "tokre Koli" Scheduled Tribe. The Executive Magistrate, however, did not grant certificate and rejected the said application. Against the said order, the petitioner filed an appeal before the Additional Commissioner, Nasik Division, Nasik, who too rejected the appeal. Feeling aggrieved by the orders passed by the Executive Magistrate and the Additional Commissioner, the petitioner approached this Court by filing Writ petition No - 2338/1995. This Court by the order dated June 9, 1995 disposed of the petition by observing as follows: 3. . . . . . . . . . . On the averments in the petition, we prima facie feel that the Respondent no. 3 should have issued the Certificate as in the matters of admissions to such courses no finality is attached to certificate issued by respondent no. 3 which is always subject to verification by the Committee- Respondent no. 4.