1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO 6176 OF 2010. Santosh S/o Kailashrao yadao .Vrs. Member/Secretary,Divisional Caste Verification Committee No.1, Amravati Division,Amravati and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Shri.P.S.Patil, Advocate for Petitioner) CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 14.06.2011 Heard. The Caste Scrutiny Committee has specifically found that father of petitioner was born on 01.01.1950 in Uttar Pradesh and therefore it has no jurisdiction. Today a certificate issued by Municipal Council, Kamptee, dated 20.01.2011 is produced. This certificate is issued as per provisions of the Registration of Birth and deaths Act, 1969 and Rule 8/13 of the Maharashtra Registration of Births and Deaths Rules, 2000 and entry of 2 birth of one Mr. Kailash S/o Wasudeo Bhaputilal Yadav on 01.01.1951 is taken on 28.01.2011. The basis for taking such a entry is not apparent and has not been disclosed. The findings of Caste Scrutiny Committee that father of petitioner (said Kailash) was born in Uttar Pradesh is not assailed before this court. The learned counsel is placing reliance upon the judgment of Hon’ble Apex Court (2009) 2 Supreme Court Cases 109 (Sau Kusum Vrs State of Maharashtra and Others). Where the Hon’ble Apex Court has noted that;- “ When caste was recognized as other backward category in State of Madhya Pradesh as also in State of Maharashtra and it was not known when the family of appellant before it migrated from State of Madhya Pradesh to State of Maharashtra. The refusal by Caste Scrutiny Committee to go into the validity was not proper.” Here the facts clearly show that Kailash was born in Uttar Pradesh on 01.01.1950 and then he had taken education in Uttar Pradesh till 4th standard and thereafter his uncle by name Beniprasad brought him to Paratwada where he helped him in the business and resided at Paratwada for about 17 to 18 years and then came to Amravati. Therefore there is nothing on record to show that said Kailash was at 3 Kamptee at any point of time. The other judgment of Division Bench of this court considers the change in approach of Caste Scrutiny Committee towards correction in School Leaving Certificate. On earlier occasion very same certificate and the correction there was looked into and without any objection the validity was given. While considering that certificate and correction, later the Caste Scrutiny Committee has found correction as interpolation and therefore refused to issue of validity. Because of this change in approach, this Court was required to interfere. We therefore do not find any merit in the petition, accordingly petition is dismissed with no order as to costs. JUDGE JUDGE scd//