PANDURANG RANGNATH CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the learned Counsel; Shri Ketkar for the petitioner and Shri Sonavane, Asstt. Government Pleader for the respondents.

(2.) BY this petition under Article 226 of the Constitution, the petitioner prays for quashing (i) the Judgment and Order dated 11th October 1989 passed by the Caste Certificates Scrutiny Committee, Maharashtra State, Pune, and (ii) the appellate order dated 20th March 1991 passed by the Additional Commissioner, Nasik Division, Nasik, dismissing the petitioners appeal. The petitioner claimed to be a Thakar" belonging to the Scheduled Tribe of Thakars as specified by the President of India after consultation with the Governor of the State in accordance with the provisions of Article 342 of the Constitution. Under the impugned Judgments and Orders he has been held to be belonging to the Thakar caste, which under the impugned Government Resolution dated 8th July 1982 has been declared to be one of the Other Backward Classes, mentioned at Entry 200. Thus, rejecting the petitioners contention that he belongs to the Scheduled Tribe of Thakars, a finding has been recorded that the petitioner belongs to the "other Backward Class" of Thakar.

(3.) THE petitioner belongs to village Hingni, Taluka Shrigonda, District Ahmednagar. On the 25th February 1986 the petitioner obtained the Caste Certificate from the Executive Magistrate and Tahsildar, Shrigonda, to the effect that he belonged to the Hindu - Thakar (Sr. No. 44) Tribe which was recognised as a Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950, as amended by the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, the Bombay Reorganisation Act, 1960 and the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. On the basis of the said certificate, the petitioner obtained employment as a Sales Tax Inspector in the month of November, 1981 in the Sates Tax Department of the State of Maharashtra and has been working on the said post.