WP No. 6785/09 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6785 OF 2009 Sau Gayabai w/o. Rukmagad Phad, Age 54 yrs., Occu. Service, R/o. Yeldarcolony, Parbhani. ....Petitioner. Versus 1. The State of Maharashtra (Through Secretary, Social Welfare Dept., Mantralaya, Mumbai.) 2. Divisional Caste Certificate Scrutiny Committee No. 1, Aurangabad Divn, Aurangabad. For VJNT (N.T.D.) Spl.B.C., O.B.C. ....Respondents. Mr. Vivek Bhavthankar, Advocate for petitioner. Mr. S.K. Kadam, A.G.P. for respondent No. 1. Mr. B.L. Sagar Killarikar, Advocate for respondent No. 2. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 15th December, 2011. ORAL ORDER : 1. Rule. Rule made returnable forthwith. Heard by consent of parties. 2. The petitioner claims to be belonging to "Vanjari" recognized as Vimukta Jati- Nomedic Tribe (D). Her caste claim WP No. 6785/09 2 was verified by the respondent No. 2 - Caste Scrutiny Committee. The Committee decided the matter by order dated 16.8.2009. The Committee consists of three members. Out of them two members being Secretary and Member opined in favour of grant of validity certificate, whereas the Chairman of the Committee was of the opinion to invalidate the caste claim of the petitioner. 3. Such orders were subject matters of adjudication by this Court where out of three members of the Committee, two members opined in favour of caste claim and one was against it. 4. Considering the stand adopted in earlier matters, we are of the view that the petitioner deserves to be issued validity certificate. Shri. Bhavthankar, learned counsel for petitioner, places reliance on the judgment of this Court [Coram : B.R. Gavai & M.T. Joshi, JJ.] dated 8th September in WP No. 3738/2001 and other connected matter. We have perused the same. 5. We direct the respondent No. 2 - Committee to issue validity certificate to the petitioner mentioning her caste as "Vanjari" recognized as Vimukta Jati-Nomadic Tribe (D) within two weeks from today. Rule is made absolute in above terms. WP No. 6785/09 3 6. Authenticated copy of this order be provided to Mr. S.K. Kadam, learned A.G.P. to act upon. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/