1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2299 OF 2007 Jivan s/o Onkar Koli, Age: 54 years, Occ: Service, R/o. Amlad, Navaplot, Tq. Taloda, Dist. Nandurbar. ...PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy. Director (Research), Nandurbar, Dist. Nandurbar. 3. The Execujtive Magistrate, Taloda, Taluka Taloda, District Nandurbar. 4. The Divisional Forest Officer, Dhule, District Dhule. 5. The Sub Forest Officer, Mewasi, Forest Department, Taloda, District Nandurbar. ...RESPONDENTS ... Shri. M.S. Kulkarni, Advocate for Petitioner. Shri. R.P. Phatke, A.G.P. for Respondents. ... 2 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 25TH JUNE, 2010. ORAL JUDGMENT : (PER NARESH H. PATIL,J.) 1. Leave to amend, as sought. 2. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing at admission stage. 3. The petitioner joined service as Forest Guard in the year 1984. The petitioner claims that he belongs to Hindu Tokre Koli, Scheduled Tribe. The petitioner challenges the order passed by the Caste Scrutiny COmmittee dated 29-10-2001. The learned Counsel for the petitioner submitted that the petitioner is serving in remote area as Forest Guard. The caste certificate obtained by him was sent for verification and thereafter, nothing was heard. Thereafter, the petitioner received intimation that his caste claim has been 3 invalidated on the ground that his caste certificate produced by him was a fake document. 4. Consequent to our order, the learned A.G.P. secured the original record from the Tahsil Office so as to ascertain whether the caste certificate was issued to the petitioner or not. The learned A.G.P. submitted that at Entry No. 52 the endorsement is made, which shows that the caste certificate was issued to the petitioner by Taluka Executive Magistrate. We have perused the same. 5. Prima facie, register shows that the caste certificate is issued to the petitioner. In the light of the same, the petitioner's case will have to be considered by the Committee on its own merits by allowing the petitioner to lead evidence and by resorting to appropriate procedure as established by law. For this purpose, the matter is required to be remanded back to the Caste Scrutiny Committee. The impugned order is quashed and set aside. The matter is remanded back to the 4 Caste Scrutiny Committee, Nandurbar. The petitioner shall appear before the Caste Scrutiny Committee, Nandurbar on 26-07-2010 and thereafter, the Caste Scrutiny Committee, Nandurbar shall dispose of the matter, in accordance with law, by brief reasoned order. 6. We express no opinion on the merits of the case. 7. Rule made absolute, on the above terms. [K.K. TATED, J.] [NARESH H. PATIL, J.] sut/JUNE10/wp2299.07