IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4156 OF 2006 Anand Dhananjay Nalavade ...Petitioner Vs. State of Maharashtra & Ors. ...Respondents Mr.R.K.Mendadkar for Petitioner Mr.P.P.Kakade , A.G.P for State CORAM: SMT.RANJANA DESAI & SHRI. J.P. DEVADHAR, JJ. DATED: 5TH FEBRUARY, 2008 P.C. 1. By this petition the petitioner is seeking direction to the 3 rd respondent i.e Sub Divisional Officer, Wai Sub Division, District Satara to comply with order passed by the 2nd respondent Scheduled Tribe Certificate Scrutiny Committee dated 14 th June 2004. 2. The case of the petitioner is that he belongs to Thakar Tribe which is a recognized Scheduled Tribe. When he was a minor his mother Smt. Gangabai made application to the 3rd respondent i.e the Competent Authority for grant of caste certificate to the petitioner to the effect that he belongs to Thakar Schedule Tribe. The Competent Authority vide his order dated 15 th February 2003 sought certain clarification from the 3 rd respondent Appellate Authority. This is borne out by the affidavit of Deepak Babanrao Nalawade, Sub Divisional Officer i.e the Competent Authority filed in this Court. 3. Being aggrieved by the order dated 15 th February 2003, the petitioner preferred appeal to the Appellate Authority as provided under the Maharashtra Scheduled Castes, Scheduled Tribes, D-Notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes And Special Backward Category (Regulation Of Issuance And Verification of) Caste Certificate Act, 2000 (the said Act for short). The Appellate Authority inter alia observed that the petitioner has submitted caste validity certificate of his uncle Rajendra Ramchandra Nalawade. Therefore, it is necessary to consider all the documents. The Appellate Authority directed the Competent Authority to consider the evidence tendered by the petitioner and the caste validity certificate of Rajendra Ramchandra Nalawade and then give his decision. It was clarified that if the certificate is issued, it will be subject to the decision of the Appellate Authority. 4. Mr. Mendadkar, learned Counsel for the petitioner submitted that Appellate Authority has issued a direction to the Competent Authority to issue caste certificate to the petitioner. We are unable to agree with Mr. Mendadkar. A proper reading of the order of the Appellate Authority does not lead us to this conclusion. Some words in the last paragraph of the order passed by the Appellate Authority cannot be read out of context. Direction was to consider the entire evidence along with the certificates of Rajendra Nalawade. 5. We notice that after remand the Competent Authority has considered the certificate of Rajendra Nalawade and then passed an order rejecting the petitioner's application. If that is so the remedy of the petitioner is not to directly approach us, but to go for appeal to the Appellate Authority under the provisions of the said Act. Mr. Mendadkar submits that he will file appeal within a period of 2 weeks from today. 6. If the appeal is preferred the Appellate Authority may consider it expeditiously and in any event within a period of 3 months from the date of its filing since all the documents are on record. Petition is disposed of. (SMT.RANJANA DESAI, J.) (SHRI. J.P. DEVADHAR J.)