1 WP 2259.2002 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. WRIT PETITION NO. 2259 OF 2002 (Shivaji S/o Mahadu Gadewad VS The State of Maharashtra and ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. S.B. Talekar, Advocate for the Petitioner Mr. S.K. Tambe, A.G.P. for the respondent-State Mr. P.P. More, Advocate for respondent no.2-Committee ... CORAM : B. R. GAVAI AND M.T. JOSHI, JJ. DATED : 01.12.2011 P.C.:- 1. The Petition is taken up for final hearing, by consent of the learned counsel for the parties. 2. The petitioner has approached this Court challenging the order dated 13.12.2001, whereby claim of the petitioner of belonging to Mannerwarlu scheduled tribe has been rejected. 3. Subsequent to the filing of the present Petition, claim of the petitioner's son namely Nitin Shivajirao Gadewad has been validated by the Scrutiny Committee 2 WP 2259.2002 vide order dated 30.12.2004. In that view of the matter, we had requested learned counsel for the Scrutiny Committee to produce the file pertaining to the validity of caste of the petitioner's son. We have perused the file. Perusal of the file would reveal that caste of the petitioner's son has been validated after following the procedure as prescribed under the law. 4. Anomalous situation cannot be permitted to exist, wherein the son belongs to scheduled tribe and father does not. In that view of the matter, we are inclined to allow the Petition on the short ground. The impugned order is quashed and set aside. The respondent-Committee is directed to issue validity certificate in favour of the petitioner within a period of four (4) weeks from today. 5. Rule is made absolute in the above terms. Sd/- Sd/- arp [M. T. JOSHI, J. ] [B. R. GAVAI, J.]