Aurangabad bench of the Bombay prime court docket has held that migrants as pondered below the Maharashtra Caste Certificates Act, 2012 aren’t entitled to the good thing about reservation in Maharashtra and brushed aside a petition in the hunt for assessment of the court docket’s previous determination to the similar impact.
The bench of justice SV Gangapurwala and justice Shrikant Kulkarni stated the 2012 enactment and the principles framed below it supply a cutoff date and the individuals who’ve entered Maharashtra on or after the cutoff dates are handled as deemed migrants, who aren’t entitled to the good thing about reservation.
Those observations got here whilst the bench brushed aside a petition filed by way of Aruna Kudmulwar, president of Kundalwadi municipal council in Nanded district, in the hunt for assessment of the dismissal of her petition by way of the bench on June 16, 2020.
She had approached the court docket difficult the October 22, 2018 determination of the caste scrutiny committee at Nanded to refuse a verification of her declare that she belonged to Approach Kapu caste, a nomadic tribe (NT-B) in Maharashtra, which is entitled for reservation.
The caste scrutiny committee had refused to ensure her declare at the flooring that she used to be no longer entitled to the good thing about reservation in Maharashtra for being a ‘migrant’ with regards to the 2012 enactment – having migrated to Maharashtra after the cutoff date equipped within the regulations made below the Act.
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Kudmulwar, who used to be born and taken 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 used to be integrated in NT-B class (a part of OBC) in Maharashtra best in January 2014, and because she had migrated to the state a lot sooner than the date, she used to be entitled to the good thing about the reservation equipped for the caste. Earlier than January 2014, the caste used to be integrated within the particular backward elegance.
HC, on June 16, brushed aside her petition and showed the verdict of the caste scrutiny committee. The bench stated a perusal of the Caste Certificates
Laws, 2012, show that the deemed cutoff date for particular backward categories is October 13, 1967 and that for nomadic tribes is November 21, 1961.
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The bench added that below the principles, an individual who has moved to Maharashtra on or after the deemed date is a ‘migrant’ and isn’t entitled to the good thing about reservation within the state.
She had sought a assessment of the June 16 order contending amongst others that she can’t be termed a “migrant” since she has been dwelling within the state for over 30 years, and because competent government are accepted to factor caste certificate to individuals domiciled in Maharashtra – individuals dwelling within the state for 15 years or more– she may just no longer be denied the good thing about reservation.
The argument, alternatively, failed to provoke upon the bench which rejected the assessment petition noting that the petitioner, having migrated to Maharashtra after the cutoff date, used to be a migrant and thus no longer entitled to assert the good thing about reservation.