LAWS(BOM)-2015-1-19

NILIMA Vs. STATE OF MAHARASHTRA

Decided On January 07, 2015
NILIMA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Called out from final hearing Board. Heard finally by consent.

(2.) The petitioner who is stated to be belonging to ''Rajput Bhamta '' as per the caste certificate, has challenged order dated 18.2.2005 passed by respondent no.2, the Scrutiny Committee, Amravati Division, Amravati, whereby her caste certificate is invalidated. That resulted into termination of her service in the year 2006 by orders dated 23.12.2005 w.e.f. 9.1.2006. Therefore, Writ Petition. The respondents resisted the same by filing reply dated 4.10.2006.

(3.) Both the Counsel read and referred the documents and the impugned order, apart from the provisions of the Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes (Vimukta Jati) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) of Caste Certificate Act, 2000 ( ''the Act '') and the Rules made thereunder ( ''the Rules ''). The petitioner prayed to quash and set aside the impugned order and for all the consequential actions. The respondents supported and defended the impugned order stating it to be well within the framework of law and the record.