1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.523 OF 2005 WRIT PETITION NO.523 OF 2005 WRIT PETITION NO.523 OF 2005 Ashok Shankarrao Pawar ...Petitioner Ashok Shankarrao Pawar ...Petitioner Ashok Shankarrao Pawar ...Petitioner Vs. Vs. Vs. Sub Divisional Officer, Islampur & Anr. ...Respondents Sub Divisional Officer, Islampur & Anr. ...Respondents Sub Divisional Officer, Islampur & Anr. ...Respondents ----- ----- ----- Mr. J.P. Kharge Adv. for Petitioner Mr. J.P. Kharge Adv. for Petitioner Mr. J.P. Kharge Adv. for Petitioner Mr. C.R. Sonawane A.G.P. for the State Mr. C.R. Sonawane A.G.P. for the State Mr. C.R. Sonawane A.G.P. for the State CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 DATED: 30TH NOVEMBER , 2005 P.C. P.C. P.C. . Rule. Heard forthwith. . Rule. Heard forthwith. . Rule. Heard forthwith. 2. It is the case of the Petitioner that he 2. It is the case of the Petitioner that he 2. It is the case of the Petitioner that he belongs to Hindu Thakar, which is a notified S.T. The belongs to Hindu Thakar, which is a notified S.T. The belongs to Hindu Thakar, which is a notified S.T. The Petitioner applied for a caste certificate. The same Petitioner applied for a caste certificate. The same Petitioner applied for a caste certificate. The same was rejected by order dated 1st October 2003. In the was rejected by order dated 1st October 2003. In the was rejected by order dated 1st October 2003. In the English translation which has been placed on record it English translation which has been placed on record it English translation which has been placed on record it emerges that the STO Islampur rejected application of emerges that the STO Islampur rejected application of emerges that the STO Islampur rejected application of the Petitioner on the footing that Hindu Thakar the Petitioner on the footing that Hindu Thakar the Petitioner on the footing that Hindu Thakar Community is no longer O.B.C. and that there is no Community is no longer O.B.C. and that there is no Community is no longer O.B.C. and that there is no mention that it is a S.T. The Petitioner had earlier mention that it is a S.T. The Petitioner had earlier mention that it is a S.T. The Petitioner had earlier moved the Caste Scrutiny Committee which had rejected moved the Caste Scrutiny Committee which had rejected moved the Caste Scrutiny Committee which had rejected his application. We fail to understand on what basis his application. We fail to understand on what basis his application. We fail to understand on what basis the Petitioner directly approached the Committee. the Petitioner directly approached the Committee. the Petitioner directly approached the Committee. 3. Our attention is invited to the Judgment of . Our attention is invited to the Judgment of . Our attention is invited to the Judgment of the learned Division Bench of this Court in the case the learned Division Bench of this Court in the case the learned Division Bench of this Court in the case 2 of of of Subhanrao Yashwantrao Jadhav Vs. The State of Maharashtra & Ors. in Writ Petition No.4027 of 1998 Maharashtra & Ors. in Writ Petition No.4027 of 1998 Maharashtra & Ors. in Writ Petition No.4027 of 1998 which was decided on 4th August 1998. The learned which was decided on 4th August 1998. The learned which was decided on 4th August 1998. The learned Division Bench directed the STO to issue the caste Division Bench directed the STO to issue the caste Division Bench directed the STO to issue the caste certificate as Hindu Thakar considering the material certificate as Hindu Thakar considering the material certificate as Hindu Thakar considering the material made available on record by the Petitioner. In the made available on record by the Petitioner. In the made available on record by the Petitioner. In the light of that following order: light of that following order: light of that following order: ORDER ORDER ORDER . The S.T.O., Islampur is directed after the . The S.T.O., Islampur is directed after the . The S.T.O., Islampur is directed after the Petitioner makes an application with accompanying the Petitioner makes an application with accompanying the Petitioner makes an application with accompanying the documents within 4 weeks from today to consider the documents within 4 weeks from today to consider the documents within 4 weeks from today to consider the said documents considering the G.R. dated 7th March said documents considering the G.R. dated 7th March said documents considering the G.R. dated 7th March 1996 1996 1996. If the Petitioner is eligible then to issue If the Petitioner is eligible then to issue If the Petitioner is eligible then to issue caste certificate according to law. caste certificate according to law. caste certificate according to law. . This exercise should be completed not later . This exercise should be completed not later . This exercise should be completed not later than 8 weeks from the receipt of application. than 8 weeks from the receipt of application. than 8 weeks from the receipt of application. . Rule made absolute accordingly. No order as . Rule made absolute accordingly. No order as . Rule made absolute accordingly. No order as to costs. to costs. to costs. (F.I.REBELLO,J.) (F.I.REBELLO,J.) (F.I.REBELLO,J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) 3