1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.3421 of 2006 (Amit Vijay Hedaoo Vs. State of Maharashtra and another ] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 28th August, 2009. 1. Heard Shri Gopal Mishra, learned Counsel for the petitioner, learned A.G.P. for respondent no. 1 and Shri T.M. Zaheer, learned Counsel holding for Shri P.B. Patil, learned Counsel for respondent no.2. Perused the records. 2. By the impugned order dated 06.06.2005 the claim of petitioner as belonging to Halba Scheduled Tribe, has been invalidated. Perusal of order shows that it is only because of the affinity test. Shri Mishra, learned Counsel for petitioner states that all documents mentioned, are some prior to independence, show the caste as Halba only. He states that in the impugned order the Scrutiny Committee has mentioned the interim order passed by the Hon’ble Apex Court in the matter of State of Maharashtra .vrs. Ravi Prakash Parmar (2007 (2) Mh.L.J. 250). He is therefore, seeking liberty to lead positive evidence before the Scrutiny Committee to point out affinity. 2 Request is being opposed by other side. 3. At the relevant time, the Division Bench view of this Court reported at 2004 (1) Mh.L.J. 177 (Ravi Prakash Parmar .vrs. State of Maharashtra), was holding the field and it has been upset by the Hon’ble Apex Court in judgment reported at 2007 (2) Mh.L.J. 250 (State of Maharashtra .vrs. Ravi Prakash Parmar ). The Scrutiny Committee itself has mentioned the interim order passed by the Hon’ble Apex Court. In the circumstances, we are inclined to give opportunity to petitioner to bring on record affinity, by leading positive evidence. For that purpose, the impugned order dated 6.6.2005 is quashed and set aside, and matter is remanded back to the respondent Scrutiny Committee for taking fresh decision, after giving opportunity to the petitioner in accordance with law. As the matter is old, the respondent Scrutiny Committee to take decision as early as possible, and in any case by 30th June, 2010. The petitioner shall appear before the Scrutiny Committee on 30th September, 2009, and shall abide by its further directions in the matter. 4. Rule accordingly. No costs. JUDGE JUDGE Rgd