1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5726 OF 2009 Kum. Shaikh Ayesha Begum } Shaikh Mehboob } Age : 18 Years, Occ. : Student, } Through her guardian i.e. father } Shaikh Mehboob Shaikh Isak } Age : 43 Years, Occ. : Labour, } R/o : Vidya Nagar, Sailu, } Tq. Sailu, Dist. Parbhani. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through Secretary, } Tribal Development Department } Mantralaya, Mumbai - 32. } 2. The Scheduled Caste, Vimukta Jati } Other Backward Class and } Special Backward Class, } Divisional Caste Certificate } Scrutiny Committee No. 1, } Aurangabad Division, Aurangabad. } Through its Member Secretary. } 3. Principal } College of Fishery Science, } Udgir, Dist. Latur. } .... RESPONDENTS 2 Mr. Suresh W.Munde, Advocate for petitioner. Mr. S.V.Kurundkar, Additional Govt. Pleader for State. Mr. P.G.Rodge, Advocate for respondent no. 3. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 19/04/2010 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. This is a petition under Article 226 of the Constitution of India, by which the petitioner takes exception to the order passed by the respondent no. 2 – Committee ( For short, ‘ Committee ’ ) dated 16/6/2009 invalidating the caste claim of the petitioner as belonging to “ Julaha ” caste. 2. The principal ground urged in the present petition is that the copy of the vigilance cell was not served on the petitioner. It appears that the caste certificate of the petitioner as well as his sister were subject matter of the challenge before the Committee. The Committee invalidated the caste claim of the petitioner as well as the caste claim of his sister. Writ Petition No. 5743 of 2009 came to be filed by the sister of the petitioner. The aforesaid Writ Petition came to be allowed by the Division Bench of this Court and the Division Bench 3 quashed and set aside the impugned order and remitted the matter back to the Committee for decision afresh. In the light of the fact that companion petition has been allowed by this Court and the matter is remitted back to the Committee for decision afresh, we allow this petition and quash and set aside the order of the Committee and remitted the matter back to the Committee for decision afresh in accordance with law. We direct the petitioner to appear before the Committee on 11/5/2010 and direct the Committee to decide the caste claim of the petitioner within period of three months from 11/5/2010. 3. Rule is thus made absolute on the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 5726.09 ( J )