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1 - 6 of 6 (0.36 seconds)Atharva Shelters Pvt Ltd And 2 Ors vs Union Bank Of India And 3 Ors on 28 October, 2015
namely, that the Petitioner belongs to 'Thakur' ST community cannot be sustained,
as it runs contrary to the consistent view taken by the Division Bench of this Court
in Apoorva Nichale (supra), Krishna Balaji Kolewad (supra), and Sneha d/o
Digambar Machewad (supra). In this view of the matter, we deem it appropriate to
pass the following order, which will meet the ends of justice.
Mah.Adiwasi Thakur Jamat Swarakshan ... vs The State Of Maharashtra on 24 March, 2023
30 Our aforesaid observations are also supported by the decision of the
Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti v. State
of Maharashtra and Others2, wherein it has been held that the affinity test is not
conclusive either way and does not constitute a litmus test for deciding a caste or
tribe claim. The Supreme Court has further held that the affinity test is not an
essential component in the process of determining the correctness of a caste or tribe
claim in every case. The Supreme Court has also categorically held that the caste
scrutiny committee should not, in every case, mechanically refer the matter to the
Vigilance Cell for continuation of the inquiry, including the affinity test. Such
reference ought to be made only if the Scrutiny Committee is not satisfied with the
documentary evidence produced by the applicant. The relevant paragraphs of the
Supreme Court judgment are reproduced below:
Pradip Bhimrao Nichale And Another vs Scheduled Tribe Caste Certificate ... on 28 August, 2018
In support of his contention, the
petitioner has relied on judgment of this Court in the case of
Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate Scrutiny
Committee No.1 and Others 2010 (6) Maharashtra Law Journal, 401,
as also in the law laid down by the Supreme Court in the case of Raju
R. Vasave vs. M.D. Bhivapurkar (2008) 9 SCC, 54.
Raju Ramsing Vasave vs Mahesh Deorao Bhivapurkar & Ors on 29 August, 2008
In support of his contention, the
petitioner has relied on judgment of this Court in the case of
Apoorva d/o Vinay Nichale vs. Divisional Caste Certificate Scrutiny
Committee No.1 and Others 2010 (6) Maharashtra Law Journal, 401,
as also in the law laid down by the Supreme Court in the case of Raju
R. Vasave vs. M.D. Bhivapurkar (2008) 9 SCC, 54.
Sneha Balaji Masalgekar Under ... vs The State Of Maharashtra And Another on 18 January, 2022
namely, that the Petitioner belongs to 'Thakur' ST community cannot be sustained,
as it runs contrary to the consistent view taken by the Division Bench of this Court
in Apoorva Nichale (supra), Krishna Balaji Kolewad (supra), and Sneha d/o
Digambar Machewad (supra). In this view of the matter, we deem it appropriate to
pass the following order, which will meet the ends of justice.
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