1 wp5374.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5374 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 14th July, 2011 Smt. Vaishali Patil-Jadhav, Advocate, for the petitioner. Shri S.V. Kurundkar, Addl.G.P. for the Respondents. -- 1. The petitioner has approached this Court, contending that the scrutiny committee has committed an error apparent on the face of the record, while rejecting his claim of belonging to the Rajput Bhamta Vimukta Jati Tribe. According to him, the committee has committed an error, by concluding that there was no material on record to indicate that he belongs to this community. 2. The petitioner had produced several documents on record, including his school records, as well as 2 wp5374.10 those of his brother, the record of the criminal antecedents of his grand-father, the school record of his second cousin and various other documents. The committee has rejected the certificate showing the criminal antecedents of his grand-father on the ground that the community mentioned in that document is "Rajput" and not "Rajput Bhamta". In our opinion, this reasoning is erroneous as it is well documented fact that at the turn of the last century many people from the Rajput Bhamta tribe did indulge in criminal activities and had criminal antecedentes. The committee has also not considered the validity certificates issued to his second cousin Dharamsingh as well as Bharatsing. Apart from this, the grievance of the petitioner is also that the scrutiny committee has not conducted its proceedings in accordance with the procedure laid down in Rule 12 of the rules framed under the Maharashtra Scheduled Caste, Scheduled Tribe, Vimukta Jati, Nomadic Tribes, Other Backward Category (Issuance of and Verification of Caste Certificates) Act, 2000. 3 wp5374.10 3. The learned Advocate for the petitioner has brought to our notice the certificate issued to the cousin of the petitioner from his father's side, indicating that he belongs to the Rajput Bhamta community. In our opinion, therefore, the committee ought to have taken into account these factors before passing the impugned order. 4. Without going into the merits of the petitioner's case, we direct the committee to decide the tribe claim of the petitioner, afresh. All contentions raised in the petition, may be raised by the petitioner before the Committee. The petitioner shall appear before the Committee on 16.8.2011. The committee shall decide the claim of the petitioners within four weeks thereafter. 5. Petition disposed of, accordingly. (M.T. JOSHI) (SMT. NISHITA MHATRE, J.) pnd/wp5374.10