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2016 DAILYLAW 2562 (BOM)

SMT. SUMITRA KALAPPA KASE v. STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

WP/10748/2016 · 2026-08-17

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Judgment text

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3.WP.10748.2016.odt IN THE JUDICATURE OF HIGH COURT AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10748 OF 2016 Smt. Sumitra Kalappa Kase ...Petitioner Versus The State of Maharashtra and Others ...Respondents ***  Ms. Supriya B. Koli i/b Mr. Chintamani K. Bhangoji, Advocate for the Petitioner.  Mr. A. P. Vanarase, AGP for the Respondent – State. *** CORAM : RAJESH S. PATIL AND ABHAY J. MANTRI, JJ. DATE : 17 AUGUST, 2026. P. C. : 1. By the present writ petition, the Petitioner is challenging the order dated 09th August 2016 passed by the Divisional Caste Certificate Scrutiny Committee No.1, Solapur Division, Solapur. 2. In the impugned order, the Petitioner’s caste certificate was invalidated as belonging to the Chambhar, Scheduled Caste, by Respondent No.2 – Committee. Respondent No.2 – Committee also directed Respondent No.4 to take adverse action against the Petitioner under Section 10(1)(4) of the Caste Certificate Act. Consequently, Respondent No.3 – Collector is likely to take action, including disqualifying the Petitioner from being a member of the Gram Shrikant Malani 2026:BHC-KOL:7695-DB 3.WP.10748.2016.odt Panchayat, Balgi, Tq. South Solapur, Dist. Solapur. 3. There is no dispute that the Petitioner’s term as the member of the Gram Panchayat is already over. 4. We have gone through the impugned judgment and order dated 09th August 2016. With the help of the petitioner, we have gone through the documents on record. In support of her caste, the Petitioner has relied upon caste certificate of her in-laws. There is no certificate of her blood relatives i.e. from her father, brother, sister. Admittedly, the petitioner is a resident of the Karnataka State and only after marriage she has shifted to State of Maharashtra. 5. As per the Government Resolution of the State of Maharashtra dated 01st November 1985 and thereafter the Government Circular dated 24th August 1995, persons belonging to the Scheduled Caste, Socially and Educationally Backward Classes, who have migrated to Maharashtra from outside the State, shall receive the status of Scheduled Caste / Socially and Educationally Backward Class Person (Other Backward Class) that they held in their state of origin. On the basis of that status, they will be entitled to receive benefits / concessions only in their state of origin. They will not be entitled to Shrikant Malani 3.WP.10748.2016.odt any concessions / benefits in the State of Maharashtra. 6. Rule 6(1)(c) of the Maharashtra Scheduled Castes, Vimukta Jatis, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012, if a caste certificate holder has migrated from his original State to the State of Maharashtra for the purposes such as education, employment etc., he shall be considered to belong to his original state’s Scheduled Caste / Buddhist convert of Scheduled Caste / Vimukta Jati / Nomadic Tribe / Other Backward or, as the case may be, Special Backward Category, and in that regard, he shall be entitled to benefits from his state of origin and from the Central Government but he shall not receive any benefits from the State of Maharashtra wherein he has shifted. 7. 7. In view of the same, we don’t find any merits in the present writ petition. Hence, the Writ Petition stands dismissed. (ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.) Shrikant Malani