0104wp1497.10.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1497 OF 2010 Dr. Washim Abdul Waheed Tukadi Vs. The Caste Scrutiny Committee & others Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Mirza, Advocate for the petitioner. Mrs. B. H. Dangre, A. G. P. for the respondents. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 01/04/2010 Heard Mr. Mirza, learned Counsel for the petitioner and Mrs. Dangre, learned Assistant Government Pleader for the respondents. Learned Counsel for the petitioner has submitted that the petitioner has obtained the caste certificate from the Competent Authority as belonging to Kacchi community which falls within the category of Other Backward Class. The petitioner is desirous of taking admission in Post Graduate Medical course for academic year 2010-11 from Other Backward Class category, and therefore, he approached the Caste Scrutiny Committee and requested to accept his caste certificate along with other documentary evidence and conduct verification of the caste claim of the petitioner and take a decision in this regard. It is contended that since the Caste Scrutiny Committee refused to do so, the petitioner has filed the present writ petition seeking direction to respondent No.1-Committee to accept the caste 0104wp1497.10.odt 2/3 certificate of the petitioner and decide his caste claim, in accordance with the law. Mrs. Dangre, learned Assistant Government Pleader has submitted that as per the provisions of Section 6 of The Maharashtra Scheduled Castes, Scheduled Tribes, De- notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance of Verification of) Caste Certificate Act, 2000, any person after obtaining the Caste Certificate from the Competent Authority, desirous of availing of the benefits or concessions provided to the Scheduled Castes, Tribes, etc. including Other Backward Classes category, for the purposes mentioned in section 3, may make an application well in time, in such form and in such manner as may be prescribed, to the concerned Scrutiny Committee for the verification of such Caste Certificate and the Caste Scrutiny Committee will issue validity certificate if the candidate is in a position to prove his caste claim before the Committee. The learned Assistant Government Pleader has submitted that if the petitioner approaches the concerned Caste Scrutiny Committee and submits the Caste Certificate issued by the Competent Authority along with other documentary and other evidence, the Caste Scrutiny Committee shall accept the same and undertake the 0104wp1497.10.odt 3/3 verification proceedings in accordance with the provisions of the Act & Rules in this regard and take a decision accordingly. In view of the above referred facts and circumstances, it is evident that in view of Section 6 of the Act as well as the statement made by the learned Assistant Government Pleader, it is open for the petitioner to approach the Caste Scrutiny Committee and submit the Caste Certificate issued by the Competent Authority to the Caste Scrutiny Committee, for verification. It is also open for the petitioner to submit the documentary and other evidence before the Committee in order to substantiate his caste claim. The learned Assistant Government Pleader has also make a statement that the Caste Scrutiny Committee shall undertake the procedure applicable in this regard stipulated in the Act & Rules and conclude the verification proceedings accordingly. With these observations the writ petition is disposed of keeping the other issues open. Authenticated steno-copy of this order be furnished to the parties. JUDGE JUDGE wwl