RAMESH KISHAN MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS judgment disposes of Writ Petitions Nos. 1905 of 1995, 1913 of 1995, 2141 of 1995, 3089 of 1995, 3097 of 1995, 3164 of 1995, 3496 of 1995, 3596 of 1995, 3677 of 1995, 3679 of 1995, 3716 of 1995, 3818 of 1995, 3940 of 1995, 3941 of 1995, 4177 of 1995 and 4195 of 1995 as a common question of law arises for adjudication therein.

(2.) REFERENCE to relevant facts has been made from the pleadings in Writ Petition No. 1905 of 1995. The petitioner, Ramesh Kishan More, is working as Peon in the Collectorate of Satara. He entered service against a seat reserved for a candidate belonging to Scheduled Tribe representing that he belonged to Scheduled Tribe Mahadeo Koli. On the basis of the Caste Certificate issued by the Executive Magistrate, Koregaon, his claim against the reserved seat was recognised. The case of the petitioner was referred to the Committee for Scrutiny and Verification of Tribe Claims, Pune, as provided for in Government Resolution dated January 23, 1985, by the Executive Engineer, Public Works Department, Satara, in whose office the petitioner was previously working. The Scrutiny Committee comprising of Chairman - Deputy Director (R), Member - Research Officer and Member Secretary - Research Officer, vide its order dated October 27, 1994 cancelled the Caste Certificate dated September 10, 1982 issued by the Executive Magistrate that the petitioner belonged to Mahadeo Koli Scheduled Tribe Community. The Scrutiny Committee held that the petitioner did not belong to the Mahadeo Koli Scheduled Tribe Community.

(3.) GOVERNMENT of Maharashtra, by Resolution No. CBC-1684/2818/ (291)/xi, dated January 23, 1985, appointed a Scrutiny Committee for Verification of Caste Certificate of Scheduled Tribe for the following purpose :