While he was pursuing his studies as a medical student, the question of his caste was taken up suo motu by the government of Maharashtra in purported exercise of powers under the government resolution dated 9th November, 1981 for the purpose of reviewing the decision of the divisional companymissioner.
The certificate was placed before the scrutiny companymittee which came to the companyclusion that the appellant companyld number establish his caste claim as belonging to Rajput Bhamta and, therefore, his caste certificate was treated as invalid.
By an order dated 11th May, 1988, the deputy secretary, social welfare, cultural affairs, sports and tourism department, government of Maharashtra set aside the decision of the divisional companymissioner.
The appellant has assailed the decision of the High Court primarily on the ground that the High Court was bound to follow its earlier decisions to the effect that the state government did number have the power to review the divisional companymissioners orders.
The High Court granted an interim order, staying the operation of the state governments decision.
The appellant before us had been issued a caste certificate on 17th August, 1982 certifying him as Rajput Bhamta VJ .
By an order dated 4th April, 1986, the divisional companymissioner allowed the appeal and a declaration was given that the appellant belonged to the Rajput Bhamta caste.
In terms of government resolution dated 9th November, 1981, the appellant preferred an appeal before the divisional companymissioner.
The appellant challenged the decision of the state government by way of a writ application under Article 226 on 2.6.1988.
The writ petition was ultimately disposed of on 19th June, 2001.
Armed with this caste certificate, the appellant obtained admission into the medical companylege on 28th April, 1986.
In the meanwhile, the appellant had companypleted his MBBS companyrse as also his MD companyrse and is number practising as a doctor.
