1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 4725 of 2008 [Sachin Umashankar Metkar Vs. State of Maharashtra & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. J.B. Kasat, Adv., for the petitioner. Mr. V.A. Thakre, AGP for respondent no.1. Mr. S.M. Puranik, Adv., for respondent no.2. ----- CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 23rd September, 2009. 1. Heard. 2. This Court has, after hearing petitioner, passed order on 22nd July, 2009, and today, after hearing respective counsel, we find that the respondent no.2-Committee is not in a position to make a statement whether Manewar is a separate caste or a tribe by itself. 3. It has been pointed out to us that statement of petitioner alone, aged about 23 2 years, was recorded by Vigilance Cell and affinity test has been applied on that basis. As required by Sub-rules (4) and (5) of Rule 12 of the Maharashtra Scheduled Tribes (Regulation of Issuance & Verification of) Certificates Rules, 2003 framed under Act No. 23 of 2001, the statement of either parents or guardian has not been recorded. It is also pointed out to us that information about anthrapological traits furnished in Column Nos. 14 and 15 to Vigilance Cell by petitioner has not been looked into by the Scrutiny Committee. Thus, only part of material disclosed by the petitioner has been used to find out whether affinity test is satisfied or not. 4. According to Adv. Mr. Puranik, the Scrutiny Committee has accepted the findings recorded by the Vigilance Cell. We find that the Scrutiny Committee has to independently apply its mind to those traits and customs and record a finding. 5. We, therefore, find that the Scrutiny Committee has failed to exercise its jurisdiction in accordance with law in the matter. The impugned order dated 20th September, 2008 is, therefore, quashed and set aside. The matter is restored back to the file of Scrutiny Committee for taking a fresh decision in accordance with law after giving the petitioner an opportunity to lead evidence, if any. The 3 petitioner to appear before the Scrutiny Committee on 14th October, 2009 and to abide by its further directions in the matter. Scrutiny Committee to attempt the decide the caste claim as early as possible, and in any case by 31st July, 2010. Judge Judge |Hedau|