Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6285 OF 2009
(Arising out of SLP(C) No. 2558/2006)
STATE OF MAHARASHTRA AND ANR. ... APPELLANT(S)
:VERSUS:
VIJAY PANDITRAO VISALE AND ANR. ... RESPONDENT(S)
O R D E R
Leave granted.
We have heard the learned counsel for the
parties quite at length.
This appeal is directed against the judgment and
order dated 8.8.2003 passed by the High Court of
Judicature at Bombay, Nagpur Bench, Nagpur, in Writ
petition No. 1455 of 2003.
The short controversy which arises for
consideration in this case is whether Respondent No.1
Vijay Panditrao Visale belongs to “Thakur” (Scheduled
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Tribe) or not. In our considered view, there has to be
a comprehensive inquiry by the Caste Scrutiny Committee
(for short “the Committee”). The Committee must take
into consideration entire documentary evidence, oral
evidence, ethnic linkages and affinity test and arrive
at a definite conclusion as to whether the respondent
belongs to the category of “Thakur” (Scheduled Tribe).
We direct that the Caste Scrutiny Committee
shall carry out this exercise independently without
being influenced by any observation made in the
impugned judgment of the High Court. The Committee may
permit parties to adduce additional evidence.
The matter is remitted to the Caste Scrutiny
Committee and the appeal is disposed of accordingly,
leaving the parties to bear their own costs.
To avoid further delay, we would request the
parties to appear before the Caste Scrutiny Committee
on 26.10.2009 and the Caste Scrutiny Committee shall
make all endeavour to dispose of this case as
expeditiously as possible.
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Respondent No.1, who is stated to be working
with the Dena Bank, shall continue on his post until
the matter is finally determined and decided.
....................J
(DALVEER BHANDARI)
....................J
(Dr. B.S. CHAUHAN)
NEW DELHI,
SEPTEMBER 15, 2009.