OMPRAKASH Vs. STATE OF MAHARASHTRA
LAWS(SC)-2011-12-14
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on December 09,2011

OMPRAKASH Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

J. Chelameswar, J. - (1.) Leave granted.
(2.) The State of Maharashtra made a law known as Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Act, 2000. Under Section 3 of the said Act it is stipulated that any person belonging to the scheduled caste or scheduled tribes etc, is required to produce a caste certificate in order to claim benefit of reservation either for the purpose of public employment or admission to educational institutions or for contesting elections in any local authority etc. and such a certificate is to be obtained by applying to the Competent Authority. (3) Application for a Caste Certificate: Any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-Notified tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, required to produce a Caste Certificate in order to claim the benefit of any reservation provided to such Castes, Tribes or Classes, either in any public employment or for admission into any educational institution, or any other benefit under any special provisions made under Clause (4) of Article 15 of the Constitution of India or for the purpose of contesting for elective post in any local authority or in the co-operative societies; or for purchase or transfer of land from a tribal land holder or any other purposes specified by the Government, shall apply in such form and in such manner as may be prescribed, to the Competent Authority for the issue of a Caste Certificate.
(3.) Section 4 stipulates that the Competent Authority on being satisfied by the genuineness of the claim of the applicant shall issue a caste certificate.;


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