GANESH S/O GULABRAO SUROSHE versus STATE OF MAHARASHTRA AND ORS.

GANESH S/O GULABRAO SUROSHE versus STATE OF MAHARASHTRA AND ORS.

The Court cannot go beyond the Presidential Notification under Article 342; scrutiny is limited to whether the caste noted in the notification applies to the claimant. The High Court committed no error in dismissing the writ petition.

Parties
Appellant: GANESH S/O GULABRAO SUROSHE; Respondents: STATE OF MAHARASHTRA AND ORS.
Jurisdiction
India
Judgment Date
17 March 1997
Procedural Posture
Civil Appeal / Appeal Dismissed by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Caste Certificate Scrutiny, Scheduled Tribe Status, Presidential Notification Under Article 342
Constitutional Law Administrative Law Scheduled Castes and Scheduled Tribes Law Caste Certificate Scrutiny Scheduled Tribe Status Presidential Notification Under Article 342

Case Brief

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Parties

GANESH S/O GULABRAO SUROSHE

Appellant

STATE OF MAHARASHTRA AND ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal Dismissed by Supreme Court

Legal Issues

  1. 1 Whether the appellant, 'Thakur' by caste, qualifies as Scheduled Tribe under Presidential Notification for Maharashtra
  2. 2 Whether Court can examine the basis for caste certificate beyond the scope of Presidential Notification

Ratio Decidendi

The Court cannot go beyond the Presidential Notification under Article 342; scrutiny is limited to whether the caste noted in the notification applies to the claimant. The High Court committed no error in dismissing the writ petition.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No costs