1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5949 OF 2008 Bijal Anandghan Hatiskar. ...... ..... Petitioner. Versus State of Maharashtra & Ors. ..... ..... Respondents. Mr. R. K. Mendadkar for the Petitioner. Mr. C. R. Sonawane, AGP, for Respondent Nos.1 and 2. Mr. M. V. Kihisco i/by M/s. M. V. Kini & Co., for Respondent No.4. CORAM : BILAL NAZKI and J. H. BHATIA, JJ. DATED : 10TH NOVEMBER, 2008. P.C.: Heard learned Counsel for the parties. By consent, the writ petition is disposed of at this stage as pleadings are complete. 2. The petitioner' s caste certificate was sent for verification to respondent No.2 Committee by respondent No.4, Brihanmumbai Electric Supply and Transport Undertaking, vide letter dated 27th June, 2006. The Committee decided the matter on 10th April, 2008 rejecting the claim of the petitioner. The Committee in its order noted as under: 2 "In the school leaving certificate of applicant Bijal Chauhan there is entry as Gurjar (Kadiya) Salat. In the school leaving certificate of father there is entry as Salat. Own sister Smt. Kunjan has been issued validity certificate by Mumbai committee. From the rent receipt of grand father of applicant of the year 1947, he seems to be resident of Maharashtra.” 3. Therefore, it is an admitted fact that the sister of the petitioner Smt. Kunjan was granted the caste validity certificate that she belongs to “Salat” community but inspite of this the committee rejected the case of the applicant on the ground, “Hence, as per Government Resolution dated 22-8- 2007 the validity certificate issued to her sister cannot be taken into account, as an evidence”. This is the novel interpretation of the Government Resolution. Because the caste certificate issued to the petitioner' s sister has become final and if the impugned order is sustained the position would be that the sister would be belonging to a particular caste and the petitioner would be belonging to another caste. As a matter of fact, the Government Resolution also lays down that where the caste validity certificate has been issued in favour of a person of a family (father's family tree with blood relation) then no further inquiry should be made. 4. In this view of the matter, the impugned order cannot be sustained and is set aside and the respondent No.2 Committee is directed to issue the caste validity certificate to the petitioner immediately. 3 5. With the above directions, the writ petition is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (J. H. BHATIA, J.)