VANDANA BHARAT KAUTHALIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As per the administrative Order dated 10th July, 2008 this petition was ordered to be placed before the Full Bench of this Court.

(2.) By this writ petition, the petitioner has taken an exception to the order passed by the Caste Scrutiny Committee on 8th August, 2007 by which the claim of the petitioner that she belongs to "Mahadev Koli Scheduled Tribe" has been negatived. The writ petition along with a civil application filed therein was placed before a Division Bench of this Court (Coram: D.K. Deshmukh and V.M. Kanade, JJ.). The learned Judges who constituted the Division Bench delivered separate judgements on 28th January, 2008. D.K. Deshmukh, J., came to the conclusion that there was no merit in the petition and the same deserves to be dismissed. V.M. Kanade, J. opined that the writ petition needed further consideration. In view of difference of opinion, the papers of the petition were placed before the Hon'ble the Chief Justice and as stated earlier, the Hon'ble the Chief Justice has directed that the matter be placed before the Full Bench.

(3.) After having perused the view expressed by the, Hon'ble Judges constituting the Division Bench, the questions which are required to be considered by the Full Bench are as under :-