VIJAYKUMAR NARAYANRAO KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) None for the petitioner. Shri A.S. Fulzele, learned Assistant Government Pleader is present for respondent Nos. 1 and 2. The matter pertains to caste claim and this Court has not granted any interim order to the petitioner. The petitioner then aged about 25 years had sought validity as 'Mahadeo Koli, Scheduled Tribe' candidate. Basic certificate is issued to him by the Executive Magistrate, Daryapur, District Amravati on 26-6-1984. The said certificate and tribe claim was invalidated by first authority viz. the Scheduled Tribe Certificate Committee, Maharashtra State, Pune on 4-5-1986. As per the procedure then prevailing, petitioner assailed this adjudication by filing an appeal before the respondent No. 2. Respondent No. 2 Additional Commissioner has dismissed that appeal on 7-8-1993. Shri Fulzele, learned Assistant Government Pleader appearing on behalf of respondent Nos. 1 and 2 has sought time to assist the Court as relevant records are not with him. However, on legal issues, he has invited our attention to , Raju vs. Establishment Officer, MSEB,2003 4 MhLJ 781 and , Deepak Shriram Kale vs. State of Maharashtra and others, 2008 1 MhLJ 314. We find it appropriate to refer to these judgments little later.

(2.) The facts noted by us above show that the adjudication by respondent No. 3 Committee or by the Appellate Authority is prior to 2-9-1994 i.e. the date on which the Hon'ble Apex Court delivered the judgment , Ku. Madhuri Patil vs. State of Maharashtra., 1995 AIR(SC) 94 By the said judgment, for the first time the Hon'ble Apex Court evolved a scientific procedure for proper verification of such claims. The composition of a Committee, Association of Research Officers with it and opportunity to be given to such candidate after receipt of Police Vigilance report, are some of the important features in the said judgment. The composition of committee, as laid down therein has been slightly altered by later judgment in the year 1997. However, that aspect is not very relevant before us.

(3.) After this judgment and during the pendency of the present Writ Petition, the State of Maharashtra has from 23-5-2001 brought into force the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificates Act, (Act No. 23 of 2001). The Maharashtra Scheduled tribe (Regulation of Issuance and Verification of) Caste Certificate Rules, 2003 have been framed by the State Government through its Tribal Development Department on 4-6-2003 under this Act. Perusal of said 2001 Act and 2003 Rules is, essential.