Bombay High Court
Bhoi Divar Samaj Vidyarthi Kalyankari ... vs State Of Maharashtra, Thr. Its Chief ... on 5 February, 2019
Author: Vinay Joshi
Bench: Ravi K. Deshpande, Vinay Joshi
909WP932.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
Writ Petition No. 932/2019
(Bhoi Divar Samaj Vidyarthi Kalayankari Bahuuddeshiya Sanstha, Nagpur Vs. State of
Maharashtra & ors.)
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Shri N.B. Rathod, Advocate for petitioner.
Shri A. Madiwale, Assistant Government Pleader for respondent Nos. 1 to 3.
CORAM : R. K. DESHPANDE &
VINAY JOSHI, JJ.
DATE : 05.02.2019.
According to the learned counsel for the petitioner the recommendations of the Commission under Section 9 of the Maharashtra State Commission for Backward Classes Act, 2005 is that "Kirat" or "Kirad" both do not satisfy the test of being Nomadic Tribe and such recommendations were binding upon the State Government.
It is urged by inviting our attention to Section 9(2) of the said Act that if the Government was not agreeable with the recommendations then it was under obligation to record the reasons to reject the recommendations given of the Commission, before including both the Tribes namely "Kirat" and "Kirad" were included as Sub-castes of main caste "Bhoi" which is at Serial No. 25 of list.
Issue notice to the respondent for final disposal of the matter returnable on 02.04.2019.
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JUDGE JUDGE
Gohane
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