PITAMBAR S.THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner has been declared as belonging to the Scheduled Tribe of 'Thakur' and thus falling under Entry No.44 of the Presidential Order issued under Article 342 of the Constitution of India. The said entry is as follows:-

(2.) A consistent view has been taken by this Court that once a person is considered belonging to a particular Scheduled Caste or Tribe, no inconsistent view can be taken in respect of his close relatives. Shri Ketkar, learned counsel appearing for the Petitioner, is right in relying on the decision in the case of Milind Sharad Katvare v/s State of Maharashtra, reported in 1986 Bombay Cases Reporter 403. To the Petition, copies of three other unreported decisions of this Court are annexed, taking a similar view. Moreover, the Supreme Court has held in the matter of Palghat Jilla Thandan Samudhaya Samrakshna Samithi and anr v/s State of Kerala and another, reported in (1994) 1 S.C.C. 359 that there is no doubt that Scheduled Castes Order has to be applied as it stands and no enquiry can be held or evidence let in to determine whether or not some particular community falls within it or outside it and no action to modify the plain effect of such order, except as contemplated by Article 341 is valid. Thus the order in favour of the Petitioner having become final cannot be gone into. His son can be rightly held to be belonging to the Scheduled Tribe of Thakurs.