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january 2007

Supreme Court of India · 2007-01-16

STATE OF MAHARASHTRA vs SANJAY K. NIMJE

Citation / case number
SC 2006/7103
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
SANJAY K. NIMJE
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court held that the respondent, who was found to belong to the 'Koshti' caste and not a Scheduled Tribe, could not claim protection under the Government Resolution dated 15.06.1995, as he was appointed after this date. The Court emphasized that the findings of the Caste Certificate Scrutiny Committee were binding and that the earlier decision in State of Maharashtra v. Milind [(2001) 1 SCC 4] established that 'Koshti - Halbas' are not Scheduled Tribes. Consequently, the Court set aside the High Court's order that had reinstated the respondent based on a misinterpretation of the resolution, thereby upholding the invalidation of his caste certificate and the dismissal of his service.

STATE OF MAHARASHTRA vs SANJAY K. NIMJE · Niyam