1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5474 OF 2009 Mohd. Zafarali Khan s/o Mahemood Ali Khan, Age: 63 Yrs., occu. Pensioner and Social work, R/o H.No.9-4-1064, Near Corporation School, Madina Nagar, Degloor Naka Nanded, District Nanded. - PETITIONER VERSUS 1) The State of Maharashtra Through the Secretary Department of Social Welfare Mantralaya, Mumbai-32. 2) The State Election Commission Through its Secretary, New Administrative Bldg., In front of Mantralaya, Madam Kama Road, Mumbai-32. 3) The Divisional Commissioner, Aurangabad Division, Aurangabad. 4) The Caste Scrutiny Committee, Latur Division, Latur. 5) The District Collector, Nanded, Dist. Nanded. 6) The Tahsildar, Tehsil Office, Nanded. Tq. and Dist. Nanded. 2 7) Rahim Ahmed Khan s/o Mohd. Masood Khan, Age: Major, occu. Social work Presently Corporator, N.W.M., R/o Devi Nagar, Nanded - RESPONDENTS ***** Mr.Mohd. Zafarali Khan s/o Mahemood Ali Khan - Petitioner-in-person; Mr.VH Dighe,AGP for Resp.Nos. 1, 3, 5 and 6. Mr.BL Sagar-Killarikar, Adv. for Resp.No.4 Mr.Vivek Dhage, Adv. for Respondent No.7. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 17th November, 2009. ORAL JUDGMENT (PER: NARESH H.PATIL,J.) . Heard. Rule returnable forthwith. 2) The Validity Certificate dated 5th of March, 2008, issued by the Respondent No.4- Committee, thereby validating the caste claim of the Respondent No.7 is questioned by the petitioner on the ground that the order of the Committee is unreasoned one and based on the documents, which according to the petitioner are fake and bogus, the Committee has validated the caste claim of Respondent No.7 belonging to `Julaha’ (OBC) caste. 3 3) We have perused the Validity Certificate issued by the Committee (page 64-A of the petition). 4) Learned Counsel Shri Sagar, appearing for the Respondent-Committee, on instructions, fairly submits that the impugned order lacks reasoning. On this ground alone, the impugned order is required to be quashed and set aside and matter is required to be remanded back to the Committee for fresh decision in regard to the caste claim of the Respondent No.7. 5) The impugned order dated 5th March, 2008 passed by the committee is quashed and set aside. The matter is remanded back to the Committee with a direction to pass a reasoned order on the available evidence, after hearing the petitioner and respondent no.7. The Committee is directed to decide the matter on its own merits within a period of three months from the date of receipt of the order of this Court. The parties shall appear before the Committee on 30th November, 2009 at 11.00 a.m. 6) We make it clear that we have not expressed any opinion on the merits of the claim of the petitioner. 4 7) The Committee is directed to take abundant precaution that henceforth in all the matters a reasoned order is passed. 8) Rule is made absolute in the aforesaid terms. sd/- sd/- (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp5474.09 Authenticated copy (BD VADNERE,PS)