1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5679 of 1999 Miss Sayali d/o Ishwar Pedgaonkar, Age 19 years ( completed), Occ. student, r/o 80, Shubham Housing Society, Zambad Estate, Aurangabad. ...PETITIONER VERSUS 1. The State of Maharashtra. 2. The Caste Certificates Scrutiny Committee ( through its Chairman and the Divisional Social Welfare Officer) Aurangabad. 3. The Tahsildar and the Taluka Executive Magistrate, Aurangabad. 4. The Dean, Government Medical College, Aurangabad. ...RESPONDENTS ... Mr.U.R.Awate, Adv., h/f Mr. S.B.Talekar, Adv., for the applicant. Mr.K.B.Chaudhari, AGP for respondent State. ... 2 CORAM:B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE:18-8-2010 *** PER COURT : (Per S.V.Gangapurwala, J.) 1. The petitioner assails the order passed by the Caste Scrutiny Committee dt.15.9.1999, invalidating the caste certificate of the petitioner as belonging to Mala Jangam Scheduled Caste. The caste certificate issued in favour of the petitioner was referred to respondent no.2 Scrutiny Committee for verification. The Scrutiny Committee invalidated the caste certificate of the petitioner on the ground that in respect of the ancestors from the parental side, the caste certificate is not forthcoming and, in view of that, the validity certificates issued in favour of the petitioner's real brother and cousin brother is of no consequence and cannot be considered. 2. The Scrutiny Committee has nowhere observed that the validity certificate issued in favour of the petitioner's real brother on 23.6.1994 was not validly issued. It would be an irony that the real brother would be trumped to be belonging to Mala Jangam Scheduled Caste and the younger sister would not be belonging to the same caste. 3 3. In the light of the above, we quash and set aside the impugned order and direct respondent no.2 Committee to issue validity certificate in favour of the petitioner as belonging to Mala Jangam Scheduled Caste within a period of three months from today. Rule accordingly made absolute with no order as to costs. (S.V.GANGAPURWALA) (B.R.GAVAI) JUDGE JUDGE agp/5679-99wp