Aurangabad bench of the Bombay excessive courtroom has held that migrants as contemplated beneath the Maharashtra Caste Certificates Act, 2012 will not be entitled to the advantage of reservation in Maharashtra and dismissed a petition searching for overview of the courtroom’s earlier choice to the identical impact.
The bench of justice SV Gangapurwala and justice Shrikant Kulkarni mentioned the 2012 enactment and the principles framed beneath it present a cutoff date and the individuals who’ve entered Maharashtra on or after the cutoff dates are handled as deemed migrants, who will not be entitled to the advantage of reservation.
These observations got here whereas the bench dismissed a petition filed by Aruna Kudmulwar, president of Kundalwadi municipal council in Nanded district, searching for overview of the dismissal of her petition by the bench on June 16, 2020.
She had approached the courtroom difficult the October 22, 2018 choice of the caste scrutiny committee at Nanded to refuse a verification of her declare that she belonged to Method Kapu caste, a nomadic tribe (NT-B) in Maharashtra, which is entitled for reservation.
The caste scrutiny committee had refused to confirm her declare on the bottom that she was not entitled to the advantage of reservation in Maharashtra for being a ‘migrant’ when it comes to the 2012 enactment – having migrated to Maharashtra after the cutoff date offered within the guidelines made beneath the Act.
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Kudmulwar, who was born and introduced up in Hyderabad, had shifted to Maharashtra after her marriage to a Kundalwadi resident in Might 1987. She claimed that she belonged to the Munnur Kapu caste, which was included in NT-B class (a part of OBC) in Maharashtra solely in January 2014, and since she had migrated to the state a lot earlier than the date, she was entitled to the advantage of the reservation offered for the caste. Earlier than January 2014, the caste was included within the particular backward class.
HC, on June 16, dismissed her petition and confirmed the choice of the caste scrutiny committee. The bench mentioned a perusal of the Caste Certificates
Guidelines, 2012, reveal that the deemed cutoff date for particular backward courses is October 13, 1967 and that for nomadic tribes is November 21, 1961.
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The bench added that beneath the principles, an individual who has moved to Maharashtra on or after the deemed date is a ‘migrant’ and isn’t entitled to the advantage of reservation within the state.
She had sought a overview of the June 16 order contending amongst others that she can’t be termed a “migrant” since she has been residing within the state for over 30 years, and since competent authorities are authorised to concern caste certificates to individuals domiciled in Maharashtra – individuals residing within the state for 15 years or more– she couldn’t be denied the advantage of reservation.
The argument, nevertheless, did not impress upon the bench which rejected the overview petition noting that the petitioner, having migrated to Maharashtra after the cutoff date, was a migrant and thus not entitled to assert the advantage of reservation.