(1) WP 3144.2001 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3144 OF 2001 Rahul S/o Dhalsingh Bahure Age : 18 years (completed), Student, R/o N-9 K, 74/01, HUDCO, Pawannagar, Aurangabad PETITIONER VERSUS 1. The State of Maharashtra, 2. The Directorate of Technical Education, MS, Mumbai 3. The Scheduled Castes, Vimukta Jatis, OBCs and Special BCs Welfare Caste Certificate Verification Committee, (Through its Member Secretary and Divisional Social Welfare Officer, Aurangabad Div. Aurangabad) 4. The Tahsildar and Taluka Executive Magistrate, Aurangabad 5. The Principal, Shri Tuljabhavani Engineering College, Tuljapur Dist. Osmanabad RESPONDENTS ..... Mr. U.R. Awati, Advocate h/f. Mr. S.B. Talekar, Advocate for the Petitioner. Mr. V.D. Rakh, A.G.P. for the Respondent-State. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 29TH SEPTEMBER, 2011 ORAL ORDER: 1. The Petition is taken up for final hearing. (2) WP 3144.2001 2. Heard learned counsel for the parties. 3. The petitioner challenges the order dated 11.6.2001 passed by the respondent no.3-Committee, thereby invalidating the caste claim of the petitioner 4. During the pendency of the present Petition, the caste claim of the petitioner's first cousin, namely, Yuvraj has been validated by the Committee. In that view of the matter, we had called for the original record of Yuvraj Ramsing Bahure, who is the first cousin of the petitioner. The genealogy is as under:- Rajaram | | | Dhalsing Ramsing | | Rahul Yuvraj 5. It can thus be seen that the petitioner's (Rahul) father as well as Yuvraj's father (Ramsing) are the real brothers, as sons of Rajaram. The claim of Yuvraj has been validated by the Committee after considering the report of the Vigilance Cell, so also (3) WP 3144.2001 the entire record pertaining to Yuvraj's father. The Vigilance Cell, after visiting the place where the petitioner as well as Yuvraj's family resides and the places where other relatives reside, has given the positive finding and submitted a report that said Yuvraj belongs to Rajput Bhakma Nomadic Tribe. 6. In that view of the matter, we find that since the first cousin of the petitioner, has been found to be belonging to Rajput Bhamta, thereby the claim of the petitioner also needs to be validated. 7. It is to be noted that material in support of the claim of Yuvraj so also the material in support of the claim of the petitioner is almost identical. Rule is therefore made absolute in terms of prayer clause (A) and (B), with no order as to costs. 8. The respondent-Committee is directed to issue the validity certificate in favour of the petitioner within a period of three (3) weeks from today. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/