Aggrieved by and dissatisfied with the said orders passed by the Appellate Authority as also the Caste Scrutiny Committee, writ petitions were filed before the Bombay High Court.
Respondent obtained appointments and or admissions in various institutions pursuant to or in furtherance of such certificate.
A certificate showing that he belongs to the aforementioned tribe companymunity was issued to him.
The State sought to modify the said order by issuing an order in the year 1984 stating On October 15, 1984 the Government of Kerala issued an order which stated that, having reconsidered the matter in all its aspects, the 1979 order was cancelled and Thandans throughout Kerala would be treated as members of Scheduled Caste as existing in the list of Scheduled Castes of this State as per Scheduled Castes and Scheduled Tribes Orders Amendment Act, 1976 and Community Certificate issued accordingly The said order was modified by another order dated 24.11.
789 of 2005.
Respondent is said to be a member of the Scheduled Tribe being belonging to Thakur companymunity as envisaged under Entry 44 of the list of the Scheduled Tribes pertaining to the State of Maharashtra issued in terms of the Scheduled Castes and Scheduled Tribes Orders Amendment Act, 1976.
However, the Scrutiny Committee companystituted in terms of the decision of this Court in Kumari Madhuri Patil and Another v. Addl.
Interim stay of the operation of the said orders having been granted, Respondent companytinued to remain in his service.
We may, however, numberice the factual matrix of the matter from Civil Appeal No.
Commissioner, Tribal Development and Others 1994 6 SCC 241, opined that he did number belong to the said companymunity and in fact belongs to Kshatriya Thakur caste, whereupon his Scheduled Tribe certificate was cancelled.
W I T H CIVIL APPEAL NOS.
2745 of 1988, 3153 of 1996 and 3737 of 2001 respectively.
5146, 5458 5459 OF 2005 B. SINHA , J The jurisdiction of the Caste Scrutiny Committee and or extent thereof falls for our companysideration in these appeals which arise out of judgments and orders dated 28.07.2003, 04.10.2004 and 24.11.2004 passed by the Bombay High Court in Writ Petition Nos.
Appeal preferred thereagainst before the Additional Commissioner, Tribal Development, Nagpur, was also dismissed.
