LAWS(BOM)-2019-10-15

PRAMILA VISHRAM THAKAR Vs. STATE OF MAHARASHTRA

Decided On October 04, 2019
Pramila Vishram Thakar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The three sisters who have approached this Court, take exception to the common order dated 23rd March 2015 passed by the Respondent No.2 Committee invalidating the caste certificate of the petitioners belonging to 'Thakar' Scheduled Tribe and the grievance of the petitioners is that the Committee has failed to take into consideration the factors indicated by this Court on remand of the matter when in the earlier round, the claim of the petitioners was rejected and they had approached this court.

(3.) The petitioners claim to be belonging to Thakar, which is recognized as a Scheduled Tribe in terms of the Constitution (Scheduled Tribe's Order 1950) as amended by the Amendment Act of 1976. They are in possession of caste certificates issued by the Competent Authority declaring them to be belonging to Hindu Thakar (44) Tribe which is recognized as Scheduled Tribe. It also declare that they are residents of village Konalkatta of Sindhudurg district of State of Maharashtra. The petitioners are in the employment of Respondent No.3 and Respondent No.5 and since their appointment was on a seat reserved for Scheduled Tribe, their claims were made by the respective employer to the Scrutiny Committee.