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Ku. Poonam Rameshrao Limbanna vs Union Of India on 24 February, 2011 cites

State Of Maharashtra vs Milind & Ors on 28 November, 2000

14. In the above said case, the said Shri Suresh Ramkrishna Burde had obtained appointment in Bharat Heavy Electricals Limited, Hyderabad as a Clerk in 1982 by claiming that he belonged to `Halba' ST community. The Caste Certificate was cancelled by the Scrutiny Committee as it was found to be false. It was challenged before the Hon'ble Bombay High Court Bench at Nagpur and the said Writ Petition was, however, withdrawn with liberty to file a representation before the Competent Authority in view of the observations of the Hon'ble Apex Court in Milind's case. The said representation was turned down and the request for protecting his services was also rejected by the Department. Yet another Writ Petition was preferred before the Hon'ble Bombay High Court Bench at Nagpur and the same was disposed of with a direction to the respondents to reinstate Shri Borde with an undertaking that he will not claim any other benefits on the strength of belonging to `Halba' ST community. He was to be treated, in fact, as open category candidate as per Hon'ble High Court's direction. The said Judgment of Hon'ble Bombay High Court Bench at Nagpur dt. 4th August, 2004 was set aside by the Hon'ble Supreme Court with the above said observations reproduced hereinabove.
Supreme Court of India Cites 20 - Cited by 616 - S V Patil - Full Document

Subhash Ganpatrao Kabade vs State Of Maharashtra And Ors. on 19 June, 1986

It was held on fact that Koli's in Maharashtra are mainly fishermen by caste and by profession and reside mostly in Maharashtra Coastal area and Kolis have even different sub-castes. On the contrary, Mahadeo Kolis reside in hill regions, they indulge in agriculture and also gather minor forest produce and sell them in the market as an avocation. Based on the above said factual findings by the Scrutiny Committee which were arrived at after affording sufficient opportunity to the parties concerned, the Hon'ble Supreme Court held that the cancellation of a caste certificate issued by the Executive Magistrate concerned were illegal. The Hon'ble Supreme Court also over-ruled the Division Bench Judgment of the Hon'ble High Court of Bombay in the case of Subhash Ganpatrao Kabade holding that The assumption of the Division Bench of the High Court in Subhash Ganpatrao Kabade case that Mahadeo Koli was recognised for the first time in 1976 under Amendment Act, 1976, as Scheduled Tribe is not relatable to reality and an erroneous assumption made without any attempt to investigate the truth in that behalf. Presidential declaration, subject to amendment by Parliament being conclusive, no addition to it or declaration of castes/tribes or sub-castes/parts of or groups of tribes or tribal communities is permissible.
Bombay High Court Cites 1 - Cited by 7 - Full Document
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