1 WP 10312.2010 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10312 OF 2010 Chi. Romit Rajanikant Shaha Age : 17 Years, Occ. Education, Through his father, natural guardian Shri. Rajanikant Mukutlal Shaha Age : Years, Occ. Service, R/o : Rath Galli, Shindakheda, Dist. Dhule. .... PETITIONER VERSUS 1. The State of Maharashtra Through the Secretary Higher and Technical Education Department, Mantralaya,Mumbai – 32. 2. The Divisional Caste Certificate Scrutiny Committee for S.C., V.J.N.T., O.B.C. & S.B.C., Nasik Division No. 1, Nasik, Through its Chairman Head Office Dhule, At Dhule, Dist. Dhule. 3. Shri Sant Gadgebaba College of Engineering and Technology, Bhusawal Z.T.C. Bhusawal, Dist. Jalgaon Through its Principal. 4. The North Maharashtra University 2 WP 10312.2010 - ( J ) Through the Registrar, North Maharashtra University Jalgaon, Dist. Jalgaon. .... RESPONDENTS Mr. M.M.Bhokarikar, Advocate for the petitioner. Mr. S.K.Kadam, Asstt. Govt. Pleader for State. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE OF JUDGMENT : 01/02/2011 JUDGMENT : [ PER - S.V. GANGAPURWALA, J. ] 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The petitioner assails the Judgment delivered by the Scrutiny Committee, Dhule and thereby rejecting the caste claim of the petitioner as belonging to ‘ Wani ’ caste. 3. Mr. Bhokarikar, learned counsel for the petitioner submits that the petitioner was not given proper opportunity of hearing. Even the order shows that Committee has decided the claim without hearing the petitioner. The learned counsel submits that even additional documents are filed 3 WP 10312.2010 - ( J ) before this court, which would substantiate the claim of the petitioner as belonging to Wani caste. The same could not be produced before the Committee as they were available to the petitioner only after the Judgment was delivered. The learned counsel further submits that the old school record of the petitioner’s grand father and cousin grand father shows the caste as ‘ Wani ’, that should have been taken into consideration. 4. Mr. S.K.Kadam, learned Assistant Govt. Pleader submits that the Committee has properly considered the record and has arrived at a just conclusion. Even after giving notice, the petitioner did not remain present, for which the petitioner himself is at fault. No cogent reasons are mentioned for non production of the documents which are produced before this Court, before the Committee. With the available evidence on record, the Committee has come to the just conclusion. 5. We have asked the learned Assistant Govt. Pleader to verify the original record of the transfer certificate issued in favour of the grand father and cousin grand father of the petitioner. The learned Assistant Govt. pleader has placed on record the xerox copies of the said certificate from the original. The learned Assistant Govt. pleader on perusal of the original school record states that the caste of the grand father of the petitioner is shown as belonging to ‘ Wani ’ caste. The said evidence is 4 WP 10312.2010 - ( J ) material. Even the other evidence produced before the Court would assist the petitioner in establishing his caste. The petitioner has given the reasons for non production of the additional documents before the Committee. The petitioner was also not heard by the Committee. We are not entering into the fact as to whether the notice of hearing was served upon the petitioner or not. It appears that the petitioner was not heard. 6. In light of the above facts, we are inclined to relegate the petitioner to the Committee by quashing and setting aside the impugned Judgment. The Committee shall decide the claim of the petitioner on its own merits after giving an opportunity of hearing to the petitioner. The petitioner if so desires, shall file additional documents before the Committee. The Committee after considering all the facts and documents shall decide the claim on its own merits. We have not opined on the merits of the matter. 7. Rule is made absolute in light of above observations, however with no order as to costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 10321.2010