1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.716 OF 2010 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. S.S. Phatale, Advocate for petitioner. Mr. R.P. Phatke, A.G.P. for respondent. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 8TH FEBRUARY, 2010 Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, the petition is taken up for final hearing at admission stage. 2. Heard Counsel for the parties. For the nature of order to be passed in this petition, it is not necessary to advert to the factual matrix of the case. Suffice it to observe that the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad 2 invalidated the caste certificate of the petitioner, who was claiming to be "Mannerwarlu" Scheduled Tribe vide order dated 31-12-2005. The scrutiny Committee has discarded the documents pressed into service by the petitioner. However, later on, the Scrutiny Committee has issued validity certificate in favour of real brother of the petitioner on 09-08-2007 declaring that he belongs to "Mannerwarlu" scheduled tribe. Besides, relying on the said validity certificate, the petitioner is relying on other documents in support of his caste claim and to question the correctness of the view taken by the Scrutiny Committee. 3. In our opinion, since the caste validity certificate has been issued in favour of real brother of the petitioner, it is appropriate to set aside the impugned decision and to relegate the petitioner before the 3 Scrutiny Committee for reconsideration of the entire matter afresh. It will be open to the petitioner to rely on the certificate of validity in favour of petitioner's brother as well as affidavit of his brother including other documents which would have been produced before us in this Writ Petition, in support of his caste claim. The Caste Scrutiny Committee will have to decide the said proceedings, on its own merits, in accordance with law. All questions in that behalf are left open to be considered by the Scrutiny Committee, on its own merits, in accordance with law. The Caste Scrutiny Committee shall dispose of the proceedings, expeditiously, and in any case, not later than six months from today. The petition is disposed of accordingly. Rule made absolute in above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/wp716.10