1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3639/2007 Ku. Shraddha Sureshrao Chaware, Aged about 27 years, Occupation – Service, R/o. C/o. Shri S.M. Chaware, 5, Bhumiabhilekh Colony, Shantinagar, Near Yeshodanagar Bus Stop, Amravati, Tah. & Distt. Amravati. .. Petitioner .. Versus .. The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati, Tahsil & District – Amravati, through its Chairman. .. Respondent .......... Mr. V.A. Kothale, Advocate for the petitioner. .......... CORAM : K.J. ROHEE AND PRASANNA B. VARALE, JJ DATED : NOVEMBER 12, 2008 Judgment : (Per : K.J. Rohee, J) 1. Rule. Returnable forthwith. Heard finally the learned counsel for the petitioner. 2 2. According to the petitioner, she belongs to Chattri caste which is a Scheduled Tribe. The transfer certificate of her father dated 10.6.1963 mentions his caste as Chattri. The service book entry dated 12.3.1966 in respect of her father also shows his caste as Chattri. The report of the Vigilance Cell also shows that on inquiry it was found that the petitioner is having cultural traits of Chattri tribe. However, by order dated 31.1.2007 the Respondent-Committee invalidated the caste claim of the petitioner on the ground that the Birth Date Register in respect of her father shows his caste as Chitari. The committee, therefore, concluded that the petitioner's father committed fraud by manipulating the entry in the subsequent documents. 3. During hearing it was brought to our notice that there is no caste like Chitari in the Presidential Order and as such there was no question of any manipulation by changing the caste from Chitari to Chattri. It seems that the committee was misled by the entry in the Birth Register of the petitioner's father and arrived at a conclusion of fraud having been committed by the petitioner's father. The observations made by the Committee are not tenable and the impugned order needs to be quashed and set aside. We, therefore, 3 pass the following order : 4. The order of the Respondent-Committee dated 31.1.2007 is hereby quashed and set aside. The matter is remanded back to the Respondent-Committee for reappraisal of the documents on record. The petitioner is entitled to produce further evidence which the Respondent-Committee shall take into consideration while passing order. The Respondent-Committee is directed to decide the matter within three months from the date of communication of this order after giving adequate opportunity to the petitioner. Rule is made absolute in above terms. JUDGE JUDGE ................