:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8447 OF 2005 Dilip Genu Kadam ..Petitioner Vs. 1. The Scheduled Tribe Certificate Scrutiny Committee and ors. ..Respondents Mr. C.G. Gavnekar for petitioner. Mr. C.R. Sonawane, AGP for respondent nos.1 and 3. CORAM: B.H. MARLAPALLE & NARESH H. PATIL,JJ. CORAM: B.H. MARLAPALLE & NARESH H. PATIL,JJ. CORAM: B.H. MARLAPALLE & NARESH H. PATIL,JJ. Date : September 11, 2006. Date : September 11, 2006. Date : September 11, 2006. P.C.: P.C.: P.C.: 1. We have heard Mr. Gvnekar the learned counsel for the petitioner and Mr. Sonawane the learned AGP for the respondent-State authorities. None appears for the respondent no.2 as no notice was issued to the said respondent. 2. The petitioner is employed as a lineman and he claims that he belongs to the Dongar Koli caste which is a scheduled tribe under the Presidential Order. His tribe’s claim has been rejected by the respondent no.1-Committee on 21/5/2005 and hence this petition. :2: 3. Mr. Gavnekar the learned counsel for the petitioner has placed on record copies of two death certificates issued by the Tahsildar, Mahad in Village Form No.14. The first document is the death certificate of Mukti Dhondu Kamble and the second certificate is regarding the demise of Daulati Dhanu Kamble. As per the petitioner Dhondu is the great-grand father of the petitioner and Daulati was his grand father’s brother. The petitioner’s great-grand mother was by name Mukti and she died on 22/3/1939, whereas Daulati died on 16/4/1943. In both these certificates their caste is recorded as "Dongar Koli". 4. Admittedly, these two documents have been placed before us for the first time and the Scrutiny Committee could not have the benefit of the same, though it considered other documents like extract of birth register issued by the Tahsildar, Mahad in respect of the petitioner’s father Shri Genu Pandu Kadam and an extract of 7/12 of land in respect of :3: petitioner’s father. Mr. Gavnekar further stated that the surname "Kamble" which was used by his grand-father and great-grand father was changed to "Kadam" by the petitioner’s father. On the basis of these two death certificates the petitioner claims that he is a scheduled tribe belonging to "Dongar Koli" caste. 5. We are of the view that the petitioner is required to be given one more chance to place additional documents in support of his claim before the respondent no.1-Committee and more so the grievance is regarding his social status and no prejudice would be caused either to the respondent no.2 or the State Government if the verification of the petitioner’s tribe’s claim is remanded to the respondent no.1. 6. We, therefore, setaside the impugned order of the respondent no.1-Committee and remand the petitioner’s claim of belonging to "Dongar Koli" caste as a scheduled tribe for scrutiny to respondent no.1. The petitioner shall appear before the Scrutiny :4: Committee on 25/9/2006 at 11.30 a.m. and furnish all additional documents those may be in his possession in support of his claim that he belongs to the "Dongar Koli" scheduled tribe. The Scrutiny Committee shall appoint the vigilance inquiry by 9/10/2006 and the caste claim, on remand, shall be scrutinised de novo as expeditiously as possible but in any case before 31/12/2006. 7. Writ to go forthwith. (Naresh H. Patil, J.) (Naresh H. Patil, J.) (Naresh H. Patil, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)