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APEX COURT OVERRULED THE CLAUSE 13 OF KUMARI MADHURI PATILS CASE WHEREIN THE THEN APEX COURT GAVE NEARLY 15 DIRECTIONS IN UPHOLDING CASTE CERTIFICATES = Respondents 1 to 3 claimed that they belonged to `Dhobi’ caste, a scheduled caste in Bhopal district of Madhya Pradesh, and secured appointment to posts reserved for Schedule Castes. The appellant, who was the President of the Schedule Caste Employees Association, made a complaint to the Sub-Divisional Magistrate that respondents 1 to 3 did not belong to any scheduled caste and had produced false caste certificates. = These two appeals have been referred by a two Judge bench, to a larger bench by order of reference dated 31.3.2010 doubting the legality and validity of the directions issued in Madhuri Patil. We extract below the relevant portion of the order of reference: “In Kumari Madhuri Patit’s case, as many as fifteen directions were given, which, in our opinion, are all legislative in nature. In our opinion, if a Court feels that some law should be made, then it can only make a recommendation to that effect to the legislature but it cannot itself legislate. It is upto the legislature to accept the recommendation or not. =we hold that the second sentence of clause 13 providing that where the writ petition is disposed of by a single judge, no further appeal would lie against the order of the division bench (even when there is a vested right to file such intra-court appeal) and will only be subject to a special leave under Article 136, is not legally proper and therefore, to that extent, is held to be not a good law. The second sentence of direction No.(13) stands overruled.

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3467 of 2005 WITH CIVIL APPEAL NO.3468 of 2005 Dayaram … Appellant Vs. Sudhir Batham & Ors. … Respondents J U D G M E N T R.V. RAVEENDRAN, J. Respondents 1 to 3 claimed that they belonged to `Dhobi’ caste, a scheduled … Continue reading

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