MADHURI NITIN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) All these Petitions revolve around the issues relating to and connected to validation of castes certificates belonging to "Thakar"/ "Thakur" or "Ka Thakur", "Ka Thakar", "Ma Thakur", "Ma Thakar" Schedule Tribe (ST) (for short "the Thakur tribes") of the State of Maharashtra. By this common judgment, we are dealing with basically the issues of "the Constitutional area restriction removal", "affinity test", "relations certificates" and its effect on assessing the evidence/documents and the merits of the matter while granting /rejecting/validating the caste certificate.

(3.) Each case has to be considered on its own merits, as the relevant oral, as well as, documentary evidence are required to be dealt with independently, while deciding the case on its merits. However, the above concepts go to the root of the impugned orders passed by the Scrutiny Committee under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified 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) (for short, the Act) w.e.f. 18 October 2001 and the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (for short, "the Rules"). w.e.f. 4 June 2003.