1 W.P.No.2169.2000 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2169 OF 2000 Shri Zamirkhan S/o Umardrajkhan Pathan Age 23 years,Occup . Service as Talathi, R/o Ambajogai, Tq. Ambajogai,District Beed. ...PETITIONER. VERSUS 1. The State of Maharashtra, Copy to be served on G.P. In the High Court of Bombay, Bench at Aurangabad). 2. The Scheduled Tribe Certificate Scrutiny Committee, Committee for scrutiny and verification of Tribe Claims, Nashik. 3. The Collector, Beed,District Beed. 4. The Sub Divisional Officer, Ambajogai, Tq. Ambajogai, District Beed.. ...RESPONDENTS. ... Shri. U.R.Awate,Advocate holding for Shri. S.B.Talekar,Advocate for Petitioner. Shri. S.V.Kurundkar,Addl. G P.for Resp. No.1. Shri. R.P.Phatke, A.G.P.for Respondent No.2. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 05TH OCTOBER, 2010. 2 W.P.No.2169.2000 ORAL JUDGMENT :[ PER : K.K.TATED, J.] 1. Rule. 2. Rule made returnable forthwith. 3. By consent of the learned counsel for the parties, the petition is taken up for final hearing. 4. The petitioner challenges the order dated 2nd May, 2000 passed by the Committee for scrutiny and verification of Tribe Claims, Nashik. The Committee rejected petitioner's tribe claim as 'Tadvi' 5. It is the case of the petitioner that he belongs to Muslim Tadvi community, which falls under Schedule Tribe category and listed at serial No.13 in the list of Schedule Tribe community as mentioned in schedule II part IX of the Schedule Caste and Schedule Tribe 3 W.P.No.2169.2000 Order(Amended) Act, 1976. 6. It is the case of the petitioner that on the basis of his qualification he came to be appointed as Talathi of Sajja Massajog Ta.Kaij. The petitioner came to be selected and appointed on the said post on 12th September, 1996. In the year 1997, the petitioner's Caste Certificate was forwarded for verification to the Caste Scrutiny Committee, through proper channel. It is case of the petitioner that in support of his claim the petitioner had in all produced 13 documents. 7. During the pendency of the petition, the petitioner preferred Civil Application No. 12952 of 2010 for bringing additional new documents on record. In the said Civil Application, the petitioners submits that the Committee validated tribe claim of his real elder sister on 1st April, 2009, in similar way tribe of another two other brothers, namely Pathan Sameer khan Umerdaraz Khan and Pathan Nazeerkhan are validated by the 4 W.P.No.2169.2000 Scrutiny Committee, vide orders dated 11th March, 2010 and 18th March,2010. 8. Mr. Joshi, learning counsel appearing on behalf of the petitioner submits that in view of subsequent development, the matter to be remanded back to the Committee for taking appropriate decision. He submits that subsequently Scrutiny Committee granted Validity certificate in favour of his close relatives and same are required to be considered for deciding his claim. 9. Mr. Phatke, learned A.G.P. appearing for Scrutiny Committee submits that subsequent development, which have taken place could not be a ground to claim validation, as petitioner failed to establish his case before Scrutiny Committee. The learned A.G.P. submits that each case will have to be adjudicated on the basis of merits of each case. 10. No doubt, each case will have to be 5 W.P.No.2169.2000 determined on its merits on the basis of evidence lead before the scrutiny Committee. But, at the same time validity Certificate granted in favour of the petitioner’s close relatives, as stated by the petitioner can not be ignored. 11. In this view of the matter, considering the reasons, additional evidence placed on record and submissions advanced by the learned counsel for the parties, we find that fresh opportunity requires to be given to the petitioner to establish his caste claim. The Scrutiny Committee will have to appreciate the case of the petitioner in the light of the validity Certificates granted in favour of the close relatives of the petitioner. We are, therefore, of the opinion that matter is required to be remanded back to the Committee for consideration. We accordingly pass the following order. Order i] The impugned order dated 2nd May,2000 passed by the Scrutiny Committee 6 W.P.No.2169.2000 stands quashed and set aside and the matter is remanded back to the Scrutiny Committee. ii] The Committee is entitled to call for the files of the relatives of the petitioner, whose validity certificates are relied upon by the petitioner before this Court. iii] The petitioner is entitled to lead additional documentary evidence before the Committee. iv] The Committee to consider the additional evidence in accordance with law and after appreciating the entire case and settled legal principles, pass a reasoned order in respect of claim of the petitioner. v] The petitioner shall appear before the Committee on 28th October, 2010 at 11.00.a.m vi] The Committee is directed to dispose of the matter finally as early as possible. 9. Rule is made absolute in the above terms. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK