MUKESH PANDURANG BASTAV Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY
LAWS(BOM)-2017-11-374
HIGH COURT OF BOMBAY
Decided on November 23,2017

Mukesh Pandurang Bastav Appellant
VERSUS
STATE OF MAHARASHTRA THROUGH ITS SECRETARY Respondents

JUDGEMENT

Manish Pitale, J. - (1.) In our country Tribe / Caste is a recognised basis for identifying groups and communities in order to implement the policy of affirmative action including reservation. It cannot be disputed that close blood relations and persons related to each other on the paternal side belong to one and the same caste / tribe. It cannot be that father belongs to a particular caste / tribe and the sons and daughters belong to another. Hence, uniformity of status in terms of belonging to a particular caste / tribe is necessary to be recognised, so as to ensure that members of the same family belonging to a caste / tribe to whom benefits of reservation and other affirmative action have been granted, are not deprived of such benefits.
(2.) In the instant petition, the grievance raised by the Petitioners, who are brothers, is - as to how can they be deprived of the status of belonging to the Scheduled Tribe - Mahadeo Koli, when the claims of their own sister, a cousin and uncle have been recognised as belonging to the said Scheduled Tribe and when findings in their case have already attained finality.
(3.) The facts, in brief, of the present case are that both the Petitioners have caste certificates dated 20.6.1994 issued in their favour by the Executive Magistrate stating that they belong to the Scheduled Tribe - Mahadeo Koli. On the strength of these certificates, Petitioner No. 1 - Mukesh was appointed as Postal Assistant on 6.10.1997 in the office of Respondent No. 3 and Petitioner No. 2 was appointed as a Security Guard in November, 2003, in the office of Respondent No. 4. Their caste certificates were sent for scrutiny to Respondent No. 2 - Scheduled Tribe Certificate Scrutiny Committee (for short "Scrutiny Committee"), which initiated inquiry, including through Police Vigilance Cell to verify genuineness of the aforesaid certificates issued by the Executive Magistrate in favour of the Petitioners.;


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