Court : Mumbai
Reported in : 2004(2)ALLMR226; 2004(2)BomCR229
..... magistrate, aurangabad, in favour of the candidate.4) certificate dated 26-3-1979 issued by the chairman, committee on the scheduled castes and scheduled tribes, vimukta jatis and nomadic tribes.5) caste certificate bearing no. dated 15-12-1978 issued by the tahsildar, udgir in favour of candidate's father shri raghunathrao gunwantrao chandorikar ..... or kolgha; '29. 'koli mahadeo, dongar koli'30. 'koli malhar'in none of these 3 entries, the caste 'mitrashi hindu koli mahadeo' is incorporated and the said caste does not find place under the scheduled castes and scheduled tribes order (amendment act) of 1976 as applicable to the state of maharashtra.shri talekar, the learned counsel for ..... brought into force in 1978. it therefore seems obvious that the petitioner's father obtained, for the first time, a caste certificate on 15-12-1978 as belonging to 'mahadeo koli scheduled tribe'. this certificate appears to be the basis for correcting the service book, the original of which is placed before us .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR540; 2006(2)MhLj664
..... entitled to be admitted to the medical college. the matter had again came up before the apex court in the case of action committee on the issue of caste certificate to scheduled castes and scheduled tribes in the state of maharashtra and anr. v. union of india and anr. : (1994)5scc244 . the issue as now raised was in issue ..... benefits of reservation in the state of maharashtra.the effect would be that when the presidential notification of 1950 was issued on 10-8-1950, the notified scheduled castes and schedules tribes in those states before the state reorganization act, 1956 and the bombay state reorganization act, 1960, though they may not be resident in the localities ..... this aspect has not been considered by both the division benches as their attention was not drawn to the same. the same reasoning will also apply insofar as scheduled castes are concerned.if such construction is not accepted and the date of the presidential notification i.e. 10th august, 1950 is considered, then all s.t.s .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR16; 2005(2)BomCR853; 2005(1)MhLj798
..... the thandon community including those belonging to the erstwhile malabar district and the present palghat district, the benefits due to scheduled caste included in the schedule to the constitution scheduled castes order as amended upto date and to issue to them community certificates accordingly. the decision in palghat thandan's was ..... in securing admissions in educational institutions and employment in state services have been claiming as belonging to either scheduled castes or scheduled tribes depriving genuine and needy persons belonging to scheduled castes and scheduled tribes covered by the presidential orders, defeating and frustrating to a large extent the very object of protective ..... the state government to deny the members of thandan community residing in malabar district and present palghat district benefits due to scheduled caste included in the schedule to the constitution scheduled castes order. the supreme court in paras 15, 28 and 36(1) of the report held thus :15. thus it .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR467; 2004(2)MhLj578
..... the correctness of what was stated in the report that had been made thereon or to utilise the report in effect to modify the scheduled caste order.6. in view of this established legal position, the observations made by the members of the scrutiny committee, as well as, the additional commissioner, tribal development, ..... outside it. no action to modify the plain effect of the scheduled caste order, except as contemplated by article 341 was valid. it was further observed that it was not for the state or even for the court to enquire into ..... or otherwise of the said list. in palghat jilla thandan samudhaya samrakshna samithi v. state of kerala, : (1994)1scc359 , the apex court has held that the scheduled caste order has to be applied as it stands and no inquiry can be held or evidence led in to determine whether or not some particular community falls within it or .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)MhLj1081
..... of persons in order to gain advantage in securing admissions in educational institutions and employment in state services have been claiming as belonging to either scheduled castes or scheduled tribes depriving genuine and needy persons belonging to scheduled castes and scheduled tribes covered by the presidential orders, defeating and frustrating to a large extent the very object of protective discrimination given to such people based on ..... conferred upon the president of india by clause (1) of article 342 of the constitution of india. in the schedule appended to the said order, admittedly thakar was not notified as a scheduled tribe within the then state of bombay. thereafter by the scheduled castes and scheduled tribes orders (amendment) act, 1956 the presidential order, 1950 was amended and in some of the districts of .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR401; 2007(3)BomCR555; 2008(1)MhLj581
..... counsel for the petitioner has placed on record the lok sabha debates which took place prior to passing of the scheduled castes and scheduled tribes orders (amendment) act 1956 and the scheduled castes and scheduled tribes orders (amendment) act, 1976. we have perused the relevant extracts of the debates.42. learned counsel for ..... petitioners, learned counsel shri. s.b. talekar cited serval judgments and placed on record the lok sabha debates on the scheduled castes and scheduled tribes orders (amendment) bill, 1956 and the scheduled castes and scheduled tribes orders (amendment) bill, 1976. shri. talekar, also placed before this court the report of the backward classes ..... of india : (1984)iillj481sc wherein it is held:.the interpretation that the court must put on the relevant constitutional provisions in regard to scheduled castes/scheduled tribes and other backward classes must be aimed at achieving the objective of equality promised to all citizens by the preamble of our constitution. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR615
..... 1976 read with paragraph 3 of the constitution (scheduled tribes) orders, 1950 and the schedule, as amended by the ..... that persons belonging to mahadev koli caste and residing in marathwada region were not recognised as backward falling in the category of scheduled tribes till the year 1976. they were recognised as scheduled tribes only from 1st of may, 1976 by virtue of section 4 of the scheduled castes and scheduled tribes orders (amendment) act, ..... be inconsistent with the claim of the petitioner that he belongs to scheduled tribe, mahadev koli. according to hindu social structure all hindus are divided in various castes and sub-castes and, therefore, the petitioner must belong to some caste. this caste was not mentioned in the relevant column of the school register but .....
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Reported in : AIR1990Bom114; 1990(1)BomCR68; 1990(1)MhLj55
..... out of separate states of gujarat and maharashtra. there was no change in the position of bhils vis-a-vis the state of bilingual bombay though parliament did enact scheduled' castes and scheduled tribes orders (amendment) act; 1956 (1956 act). the state was dismembered in 1960 and succeeded by gujarat and maharashtra. in 1961 and 1971 there took place the ..... came from was recognised as backward in karnataka as also maharashtra, kanadej. speaking for the bench opined:--'but if that person is treated as belonging to scheduled caste or scheduled tribe in both the states i.e. where he normally resided and migrated for employment to then in view of the public notification issued by the president of ..... person who has migrated from the state of origin to some other state for the purpose of seeking education, employment etc. will be deemed to be a scheduled caste/tribe of the state of his origin and will be entitled to derive, benefits from the state of origin and not from the state to which he has .....
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Reported in : 2009(3)BomCR497; 2009(111)BomLR2285
..... of the circumstances.the problem of fraudulent claims:5. two important facets are involved in the process of verification of claims to belong to a scheduled caste, scheduled tribe, or the other backward classes. first, persons who are genuinely entitled to the benefit of reservations under articles 15 and 16 of the ..... the admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine scheduled castes or scheduled tribes or obc candidates as enjoined in the constitution of the benefits conferred on them by the constitution. the genuine candidates are also ..... a quasijudicial function and the object of the constitution of the committee is to prevent a fraud on the constitution being practised by spurious claims to scheduled caste and scheduled tribe status. the scrutiny committee is not precluded from relying upon oral evidence in arriving at its determination.32. in lillykutty v. scrutiny committee, .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR528; 1998(4)BomCR462
..... members of the thandan community, including those belonging to the malabar district and the present palghat district the benefits due to the scheduled caste included in the schedule to the constitution scheduled castes order, as amended up to the date and to issue to them community certificates accordingly. in our view, what has been ..... applicable to the claimant or not. it was observed that the notification issued by the president under article 342 of the constitution, subject to the scheduled castes and scheduled tribes orders (amendment) act, 1976 was conclusive and final. indeed, in our view, these observations support the petitioner's contention rather than the ..... thakar' as belonging to the 'other backward classes' which is clearly inconsistent with the parliamentary enactment viz. act no. 108 of 1976 viz. the scheduled castes and scheduled tribes orders (amendment) act, 1976 after the area restriction was removed.12. in this behalf, shri sonavane invited our attention to the fact that .....
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