LAXMICHAND Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY

JUDGEMENT

(1.) RULE. By consent made returnable forthwith.

(2.) THIS petition raises question of scrutiny of a migrant's claim belonging to Scheduled Tribe. The Scheduled Tribe Caste Certificates Scrutiny Committee, Nagpur refused to verify the petitioner's caste claim by its order dated 2nd January, 2006, holding that the native place of the petitioner was Mungnapar, District: Chhindwara (M.P.) and therefore, the petitioner was not entitled to have his claim scrutinized by the said Committee.

(3.) IN view of the judgment of the Apex Court in Sudhakar Vitthal Kumbhare Vs. State of Maharashtra, reported at 2004(4) Mh.L.J. 784, where the Court had specifically considered the question of an applicant, original resident of Chhindwara district of Madhya Pradesh, seeking verification of his caste claim in Maharashtra State the Committee could not have refused to entertain the petitioner's caste claim. In this context, it may be appropriate to reproduce paragraph 5 of the Apex Court judgment as under: