KU. ALKA AND ORS. Vs. JOINT DIRECTOR & VICE CHAIRMAN, SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE AND ORS.

JUDGEMENT

(1.) In all these petitions filed under Article 226 of the Constitution of India, challenge is to order of the Scrutiny Committee functioning under 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 Certificates Act, (Act No. 23 of 2001), invalidating the caste/tribe claim of respective petitioner. The petitioners seek protection in employment, in terms of Full Bench judgment of this Court in the matter of Arun Vishwanath Sonone Vrs. State of Maharashtra and others, 2015 1 MhLJ 457. The said claim for protection is objected by the State Government, as also by their respective employers on the ground that their caste/tribe does not figure in the Government Resolution dated 15.06.1995 or later policy decision dated 30.06.2004, and hence benefit cannot be extended to them.

(2.) As the issue involved is same, as requested by the parties, we have heard the matters together. Some matters have been added afterward, after hearing the respective counsel therein. Thus, looking to the nature of the controversy involved, we have heard all the matters finally by issuing Rule, and making it returnable forthwith by consent of the parties.

(3.) Shri S.P. Bhandarkar, learned Counsel appearing for petitioner in Writ Petition No.2839/2013 had expressed desire to argue the matter first. Other counsel for petitioners did not oppose his request. Accordingly we have heard the learned counsel.