1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2149 OF 2007 Anil S/o Bhagwan Nikam, Age : 18 Years, Occu. : Education, R/o At Ram Galli, Dharmabad, District Nanded. .. .. Petitioner Versus Scheduled Tribe Scrutiny Committee, Through Member Secretary, Kasmira Sadan, Station Road, Aurangabad. .. .. Respondents Shri S. M. Kulkarni, Advocate for the Petitioner. Shri U. S. Malte, Advocate for the Respondent. WITH WRIT PETITION NO. 2877 OF 2007 Sunil S/o Bhagwan Nikam, Age : 20 Years, Occu. : Education, R/o At Ram Galli, Dharmabad, District Nanded. .. .. Petitioner Versus 1. Scheduled Tribe Scrutiny Committee, Through Member Secretary, Kasmira Sadan, Station Road, Aurangabad. 2 2. The District Education and Training Institute Gadchiroli, Through its Principal. .. .. Respondents Shri S. M. Kulkarni, Advocate for the Petitioner. Shri U. S. Malte, Advocate for the Respondent No. 1. Shri S. K. Kadam, A. G. P. for the Respondent No. 2. WITH WRIT PETITION NO. 3630 OF 2007 Archana D/o Bhagwan Nikam, Age : 19 Years, Occu. : Education, R/o At Ram Galli, Dharmabad, Tq. Dharmabad, District Nanded. .. .. Petitioner Versus 1. Scheduled Tribe Scrutiny Committee, Through Member Secretary, Kasmira Sadan, Station Road, Aurangabad. 2. Government College of Education, Dharmabad, District Nanded, Through its Principal. .. .. Respondents Shri S. M. Kulkarni, Advocate for the Petitioner. Shri U. S. Malte, Advocate for the Respondent No. 1. Shri S. K. Kadam, A. G. P. for the Respondent No. 2. 3 CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 12TH AUGUST, 2009. ORAL ORDER [Per B. R. Gavai, J.] : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petitions, the petitioners challenges the orders passed by the respondent No. 1/Caste Scrutiny Committee dated 24th August, 2006, by which the claim of the petitioners, who are real brother and sister came to be invalidated. 3. During the pendency of the petition, the petitioners have amended the petition. By way of amendment it is brought on record that, first cousin of the present petitioners namely Pandharinath Bhaurao Nikam has been declared to be belonging to Mahadev Koli, Scheduled Tribe by order dated 17th December, 2007. 4. Shri Kulkarni, learned counsel for the petitioner submits that, subsequently another first cousin namely Devidas Nikam, has also been declared to be belonging to Mahadev Koli Scheduled Tribe. 5. Since the claims of first cousins of petitioners have been validated, during the pendency of present petition, we find that, it would in the interest of justice that matters be remitted back to the respondent No. 1/Caste Scrutiny Committee for considering the 4 claim of the petitioners afresh. Therefore, the petitions are disposed of with following directions : i) The impugned orders dated 24th August, 2006 are quashed and set aside. ii) The matters are remitted back to the respondent No. 1/Caste Scrutiny Committee for considering the matters afresh. iii) The petitioners shall appear before the respondent No. 1/Caste Scrutiny Committee on 07th September, 2009. iv) The petitioners are permitted to produce additional material in support of their claim. v) The respondent No. 1/Scrutiny Committee shall decide the claims of petitioners within a period of four months from the date of appearance of petitioners after taking into consideration the additional evidence submitted by the petitioners in support of their claims. vi) Rule made absolute in aforesaid terms, with no order as to costs. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09