1 wp1855.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1855 OF 2011 Sou. Smita Maruti Mane : Petitioner V/s. The State of Maharashtra & Ors. : Respondents ..... Mr.S.R.Ganbavale i/b. Mr.Abhijit M. Adagale for the petitioner. Mr.A.B.Vagyani, Asstt. Govt. Pleader for respondent nos.1 to 3. Mr.Y.S.Jahagirdar, Senior Advocate, i/b. Mr.Chetan G. Patil for resp.no.4. .... CORAM : D.D. SINHA & A.R.JOSHI, JJ. DATE : JULY 01, 2011. P.C.: Heard Mr.Ganbavale for the petitioner, Mr.Vagyani, learned Asstt. Govt. Pleader appearing for the respondent nos.1 to 3, and Mr.Jahagirdar, the learned Senior Advocate appearing for the respondent no.4. 2. This Writ Petition is directed against the validity certificate dated 19.5.2010 issued by the Caste Certificate Scrutiny Committee No.2, Kolhapur, whereby the caste certificate issued in favour of the respondent no.4 as belonging to Jain Pancham (OBC) came to be validated. 2 wp1855.11 3. The counsel for the petitioner has submitted that the Caste Scrutiny Committee while verifying the caste certificate of the respondent no.4 failed to follow the statutory procedure applicable in this regard. It is submitted that the caste claim of the respondent no.4 was never referred to the Police Vigilance Cell either for home inquiry or for school inquiry. Similarly, the Caste Scrutiny Committee has not taken into consideration either the documentary evidence or applied the affinity test. It is further contended that without giving any reasons, the Caste Scrutiny Committee issued the validity certificate dated 19.5.2010 which is impugned in this petition. It is submitted that in the circumstances, the validity certificate issued by the respondent no.2 cannot be sustained in law. 4. The learned Asstt. Govt. Pleader does not dispute the factual aspect of the matter. 5. Mr.Jahagirdar, the learned Senior Advocate appearing for the respondent no.4, has submitted that so far as the caste certificate issued by the Competent Authority in favour of the respondent no.4 is concerned, the respondent no.4 has already filed a civil suit for a declaration that the caste certificate issued by the Competent Authority is just and proper and 3 wp1855.11 in accordance with law, which is pending. 6. The learned Asstt. Govt. Pleader has brought to our notice that the Tahsildar has filed an affidavit on record wherein it is mentioned that the caste certificate issued by the Competent Authority in favour of the respondent no.4 is incorrect. In fact, the Competent Authority i.e. the S.D.O. has never issued such certificate. 7. We have considered the contentions canvassed by the respective counsel. So far as the challenge raised by the petitioner in respect of the correctness of the validity certificate dated 19.5.2010 issued by the Caste Scrutiny Committee is concerned, it is not disputed by any of the parties to this petition, including the learned Asstt. Govt. Pleader, that the Committee failed to adhere to the statutory procedure applicable in this regard. In the instant case, neither the caste claim of the petitioner was referred to the Police Vigilance Cell nor the statutory procedure applicable in this regard was undertaken by the Committee. The validity certificate appears to have been issued without giving any reasons by the Committee and, therefore the impugned validity certificate dated 19.5.2010 issued by the Committee, in our view, cannot be sustained in law and is hereby quashed and set aside. 4 wp1855.11 8. Insofar as the genuineness of the caste certificate alleged to have been issue by the Competent Authority in favour of the respondent no.4 is concerned, the issue is pending in the civil suit which is filed by the respondent no.4 for a declaration. If the suit is decreed and if the declaration is given by the Civil Court that the caste certificate issue by the Competent Authority is a genuine document and there is no appeal or revision preferred by the aggrieved party and the decree given by the Civil Court attains finality, in that event, we direct the Caste Scrutiny Committee to re-consider the caste claim of the respondent no.4 based on the said certificate which is held to be genuine by the Civil Court and take appropriate decision, in accordance with law and procedure applicable in this regard. The matter is remitted to the Caste Certificate Scrutiny Committee for a fresh decision, in accordance with law and procedure applicable in that regard. 9. With the above observations, the Writ Petition is disposed of. (D. D. SINHA, J.) (A.R. JOSHI, J.)