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Documents citing Swati R. Khinvasara vs State Of Maharashtra on 8 August, 2011

Road vs The Joint Commissioner And Vice on 11 March, 2013

Three Hon'ble Judges have looked into its earlier two orders. There the caste certificate issued was invalidated on the ground that they could not substantiate there case as belonging to Thakur - Scheduled Tribe and they also could not establish any affinity. That cancellation was upheld by High Court and then Special Leave Petition came to be filed before the Hon'ble Apex Court. In para 5, the Hon'ble Apex Court accepts the finding of Caste Scrutiny Committee as also findings of High Court but then holds that it cannot ignore various circumstances which intervened between issuance of caste certificate and cancellation thereof. In the light of those ::: Downloaded on - 09/06/2013 19:44:00 ::: Judgment. wp5569.12 22 developments, the order of the Hon'ble Apex Court in the case of Swati vs. State of Maharashtra, in Civil Application No. 7411 of 2010 decided on 06.09.2010 was pressed into service before this larger Bench. There though a Special Leave Petition filed by Swati was dismissed, benefits already enjoyed and degree of B.D.S. obtained by Swati came to be protected. A direction was issued that she would not be entitled to any further benefits under the caste certificate. The Hon'ble larger Bench noted that facts in the case of Dattu before it were similar. It, therefore, proceeded to dismiss all three Special Leave Petitions but then preserved benefits, advantages till then derived by the holders of Caste certificate. It is also clarified by the Hon'ble larger Bench that the petitioner would not be entitled to take any further advantage in future either for studies or employment. The petitioner, however, was directed to make good the amount of concession enjoyed by way of reduction of fees. This judgment, therefore, again shows that consequences flowing from Section 10 of Act No. 23 of 2001 have not been found just and not permitted by the Hon'ble Apex Court in the facts and circumstances of the matter before it though it dismissed the SLP as filed. Obviously, again the exercise is of its powers under Article 142 of the Constitution of India. The Full Bench of this Court ::: Downloaded on - 09/06/2013 19:44:00 ::: Judgment.
Bombay High Court Cites 35 - Cited by 0 - B P Dharmadhikari - Full Document

Dattu S/O Namdev Thakur vs State Of Maharashtra And Ors on 7 December, 2011

9. Accordingly, while dismissing all the three Special Leave Petitions, we direct that whatever advantage the three petitioners in the three Special Leave Petitions, may have derived on the basis of their 'Caste Certificates', shall not be disturbed and the cancellation of their respective 'Caste Certificates' will not deprive them of the benefits which they have already enjoyed. However, we also make it clear that none of the three petitioners in the three respective Special Leave Petitions, will be entitled to take any further advantage of reservation in future, either for studies or for employment. Following the judgment in Swati's case, we also direct that if the petitioners in the 2nd and 3rd Special Leave SLP(C)3314/10 +2 6 Petition, have obtained any concession by way of reduction in fees, as a reserved candidate, they will have to make good the same by paying the difference in fees that is being paid by general candidates. Such payment has to be made within a period of six months and in default of such payment, this order will cease to have any effect.
Supreme Court of India Cites 1 - Cited by 1 - A Kabir - Full Document

V.J.Indumathi vs State Level Scrutiny Committee Rep. By ... on 28 October, 2014

18. It is also noted that there is no specific allegation that the petitioner had obtained the community certificate from the Tahisldar, Saidapet, on 27.4.1996, falsely, by fraud or by misrepresentation. Therefore, even if the community certificate issued by the Tahsidlar, Saidapet, is held to be invalid, in view of the fact that Mannervarlu community does not find a place in the list of Scheduled Castes in the provisional order issued in relation to the State of Tamil Nadu, it cannot be held that the petitioner had obtained the community certificate, fraudulently, or by falsification of documents or by misrepresentation. Even if it could be held that Mannervarlu community, which is said to be a Scheduled Tribe community in the State of Andhra Pradesh and that the said status cannot be recognised in respect of the petitioner in the State of Tamil Nadu, it may not be proper for the second respondent Corporation to dismiss the petitioner from service as it had done by its order, dated 6.10.2014. Even though the said order is only consequential in nature, following the order passed by the first respondent, dated 5.9.2014, cancelling the community certificate of the petitioner, we find it appropriate to direct the second respondent Corporation to continue the petitioner in service, as per the decision of the Supreme Court, in Swati Vs. State of Maharashtra and others, (C.A.No.7411 of 2010, dated 6.9.2010). Therefore, the impugned order of the second respondent, dated 6.10.2014, is set aside and the second respondent is directed to take the petitioner in service, without continuity of service and without payment of backwages for the period when she was out of service. However, it is made clear that the petitioner would not be entitled for any future benefits, as held by the Supreme court in the said decisions.
Madras High Court Cites 9 - Cited by 0 - M Jaichandren - Full Document

Miss. Aishwarya Dhananjay Patil vs State Of Maharashtra And Ors on 5 May, 2017

22) The order passed by the Hon'ble Apex court in the case of Dattu Thakur (cited supra) was based on earlier order passed by the Apex Court on 6.9.2010 in Civil Appeal No.7411/2010 in the case of Swati Vs. State of Maharashtra and Ors. In the case of Swati, the Hon'ble Apex court though dismissed the appeal filed by her, directed that the benefits that had already been enjoyed by her and the degree obtained by her in the BDS course, which she had completed, would ::: Uploaded on - 11/05/2017 ::: Downloaded on - 11/05/2017 23:45:40 ::: 18 WP 2028/2014 continue. Of course, the Court had further directed that she would not be entitled to any further benefits under the Caste certificate issued to her and that whatever advantage she may have obtained by way of payment of fees at the reduced rate, were to be made good by her by paying the difference. In the case of Dattu also, the Hon'ble Apex court had directed the petitioner that if the petitioner had obtained any concession by way of reduction in fees as a reserved candidate, he will have to make good the same by paying the difference in fees that is being paid by the general candidates.
Bombay High Court Cites 7 - Cited by 1 - P R Bora - Full Document
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