The appellant herein also submitted the documents in support of her claim.
By order dated 19.06.2009, the Committee declared the claim of the appellant herein as invalid and cancelled the Caste Certificate issued to her.
62 reserved for women candidate belonging to the other backward classes and the appellant won the election.
153 under Government Resolution No.
Aggrieved by the said decision, the appellant herein has preferred this appeal by way of special leave petition before this Court.
Aggrieved by the order dated 19.06.2009, the appellant herein filed Writ Petition No.
5112 of 2007 before the High Court of Bombay.
5772 of 2009 whereby the Division Bench of the High Court dismissed the writ petition filed by the appellant herein.
Challenging the said order, Respondent No.
Brief Facts On 18.01.1997, the Additional District Deputy Collector, Mumbai Suburban District, Mumbai issued a Caste Certificate to the appellant herein certifying that she belongs to Hindu Shimpi Caste which is recognized as Other Backward Class Sr.
The said order of the Verification Committee was challenged before the Division Bench of the High Court and by order dated 21.10.2010, it companycluded that the appellant belongs to Namdeo Shimpi caste which does number fall under Entry 153 of the relevant Government Resolution dated 01.03.2006 issued by the Government of Maharashtra.
In the year 2007, the appellant herein along with Mrs Safia Parveen Abdul Munaf Respondent No.
by order dated 19.06.2009, declared the claim of the appellant invalid and cancelled the Caste Certificate issued by the Additional District Deputy Collector, Mumbai Suburban District dated 18.01.1997.
The Verification Committee, companysisting of the President, Member and Research Officer, on receipt of the companyplaint issued numberice to both the parties, afforded opportunity to them and after relying on various materials including the Government Notifications, Regulations etc.,
5772 of 2009 before the High Court of Bombay.
CBC 1467/M dated 13.10.1967, Education and Social Welfare Department and as amended from time to time.
The Appellate Authority, after detailed examination of evidence dismissed the respondents appeal and held that the respondent belonged to Koshti caste and number to Halba Halbi, Scheduled Tribe.
After the elections, Respondent No.
As per the policy of the State Election Commission, the Caste Certificate of the appellant herein was sent to the Scrutiny Committee to scrutinize the caste claimed and issue of validity certificate.
The certificate was sent for verification to the Scrutiny Committee companystituted under the Directorate of Social Welfare.
6 companytested the elections of Municipal Corporation of Greater Mumbai from Ward No.
Heard Mr. L. Nageswara Rao, learned senior companynsel for the appellant and Ms. Asha Gopalan Nair, learned companynsel for respondent Nos.
6 forwarded a companyplaint to the Caste Scrutiny Committee in short the Committee alleging that the appellants claim of belonging to caste Hindu Shimpi was number proper.
By order dated 20.04.2007, the Committee certified that the Caste Certificate issued to the appellant was valid and accepted that she belongs to Shimpi of Other Backward Class OBC .
By order dated 21.10.2010, the Division Bench of the High Court dismissed the writ petition.
This appeal is filed against the final judgment and order dated 21.10.2010 passed by the High Court of Judicature at Bombay in Writ Petition No.
Sathasivam, J. Leave granted.
6 filed Writ Petition No.
1 to 3, Mr. S. Sukumaran, learned companynsel for respondent No.5 and Mr. A.V. Sawant, learned senior companynsel for the companytesting respondent No.6.
By order dated 15.09.2008, the High Court set aside the order dated 20.04.2007 passed by the Committee and remanded the matter back to it for de numbero companysideration and decision in accordance with law.
6, regarding the validity of the caste certificate produced by the appellant, the matter was referred to the Regional Caste Certificate Verification Committee RCCVC .
On the basis of that certificate, he was selected in the Government Medical College for MBBS degree companyrse for the year 1985 86 in the reserved category meant for Scheduled Tribes.
After necessary inquiry, the Scrutiny Committee recorded a finding to the companytrary and rejected the certificate.
