1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2001 OF 2001 Satish s/o Mogalaji Kopurwad, Age 16 years, Minor through his father the natural Guardian Mogalaji s/o Sayanna Kopurwad, Age Occu.Government Service, as Police Constable, r/o Police Line Vazirabad, Nanded .. PETITIONER VERSUS 1. The State of Maharashtra 2. The Committee for Scrutiny & Verification of Tribe Claims (Through its Deputy Director (R), M.S.Nashik.) 3. The Tahsildar and Taluka Executive Magistrate, Kinwat, Dist.Nanded 4. The Competent Authority & Director Medical Education & Research, St.George Hospital Compound Near Chatrapati Shivaji Terminus Mumbai 5. The Dean, Govt.Medical College & Hospital, Aurangabad (Designated Authority for Marathwada Region) 6. Maharashtra University of Health Sciences, Vani Road, Nasik Through its Registrar 7. The Dean, Topiwala National Medical College, Nair Hospital Compound, Mumbai 400 008 ..RESPONDENTS 2 Mr.S.C.Yaramwar, Advocate holding for Mr.A.S.Golegaonkar, Advocate for petitioner Mr.K.J.Ghute Patil, Assistant Govt.Pleader for respondents 1, 3 & 5 Mr.P.S.Patil, Advocate for respondent No.2 Mr.K.C.Sant, Advocate for respondent No.6 Respondent No.4 served CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 16 th June 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. The petitioner by this petition takes exception to the order passed by the respondent – scrutiny committee dated 15.5.2000 invalidating the tribe claim of the petitioner as belonging to Koli Mahadeo – Scheduled Tribe. The petitioner, who was intending to prosecute higher studies submitted his caste certificate to the respondent – scrutiny committee for verification. The petitioner produced several documents in support of his claim which are enlisted in the order of the scrutiny committee. The scrutiny committee ultimately came to the conclusion, after appreciating the several documents submitted by the petitioner that the petitioner had felt to establish his claim as belonging to Koli Mahadeo – Scheduled Tribe. 3 2. When this petition was admitted by this Court, this Court granted status quo. It appears that the real brother of the petitioner by name Shamkumar has been granted validity by the respondent – scrutiny committee. Learned Counsel for the petitioner has tendered before us xerox copy of the validity certificate issued in favour of the brother of the petitioner. The aforesaid document is taken on record and marked “X” for the purpose of identification. 3. Since the real brother of the petitioner has been issued with the validity certificate, according to us, it would be appropriate if the respondent – scrutiny committee decides the tribe claim of the petitioner afresh, in the light of the validity certificate granted to the brother of the petitioner. 4. In that light of the matter, therefore, we allow this petition, quash and set aside the impugned order and remit the matter back to the respondent – scrutiny committee for a decision afresh, in accordance with law. We expect the respondent – scrutiny committee to expeditiously decide the tribe claim of the petitioner preferably within six months of 30th June 2010, on which date the petitioner shall present himself before the scrutiny committee. 4 5. Rule is thus made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2001.01wp)