- (1.)The appellant before us had been issued a caste certificate on 17/08/1982 certifying him as Rajput Bhamta (VJ). The certificate was placed before the scrutiny committee which came to the conclusion that the appellant could not establish his caste claim as belonging to Rajput bhamta and, therefore, his caste certificate was treated as invalid.
(2.)In terms of government resolution dated 9/11/1981, the appellant preferred an appeal before the divisional commissioner. By an order dated 4/04/1986, the divisional commissioner allowed the appeal and a declaration was given that the appellant belonged to the Rajput bhamta caste. Armed with this caste certificate, the appellant obtained admission into the medical college on 28/04/1986. While he was pursuing his studies as a medical student, the question of his caste was taken up suo motu by the government of Maharashtra in purported exercise of powers under the government resolution dated 9/11/1981 for the purpose of reviewing the decision of the divisional commissioner. By an order dated 11/05/1988, the deputy secretary, social welfare, cultural affairs, sports and tourism department, government of maharashtra set aside the decision of the divisional commissioner. The appellant challenged the decision of the state government by way of a writ application under article 226 on 2.6.1988. The High court granted an interim order, staying the operation of the state government's decision. The writ petition was ultimately disposed of on 19th June, 2001. In the meanwhile, the appellant had completed his mbbs course as also his MD course and is now practising as a doctor.
(3.)The appellant has assailed the decision of the High Court primarily on the ground that the High Court was bound to follow its earlier decisions to the effect that the state government did not have the power to review the divisional commissioner's orders. Our attention has been drawn to an unreported decision of the Bombay high Court in this connection.