LAWS(BOM)-2007-6-87

SHEETAL MANIKRAO DUPARE Vs. STATE OF MAHARASHTRA

Decided On June 19, 2007
KU.SHEETAL, MANIKRAO DUPARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule is made returnable forthwith. Heard by consent of parties.

(2.) Petitioner born at village Shivpuri in Chhindwara district of madhya Pradesh to parents who belong to Mahar caste, was appointed in Western Coalfields Ltd. , which has its headquarter at Nagpur. She obtained caste certificate which had to be got verified by respondent no. 3 Divisional Caste Certificate Scrutiny Committee. Accordingly her claim, with relevant documents, was referred to the Caste Scrutiny committee. The Committee, by its impugned communications dated 24. 11. 2004 and 03. 12. 2004, refused to entertain petitioner's caste claim and informed her that since the petitioner was a migrant she was not entitled to have her caste claim scrutinized. Since her subsequent representations did not yield any results the petitioner has ultimately approached this Court by filing present petition on 16. 01. 2006.

(3.) Notice was issued to the respondents. On behalf of respondent No. 3-Caste Scrutiny Committee an affidavit in reply has been filed, where it has been reported that since the petitioner was born in Chhindwara district of Madhya Pradesh she was not resident of state of Maharashtra and therefore, in view of GRs dated 24th August, 1995 and 21st August, 1996 her caste claim cannot be entertained by respondent No. 3.