1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7750 OF 2007 Rohit Rajendra Prasad .. Petitioner Vs. State of Maharashtra & Ors. .. Respondents Mr.R.K.Mendadkar and Mr.H.K.Mandlik for the petitioner Mr.P.M.Patil, A.G.P. for the respondents CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED : 25TH FEBRUARY, 2008 DATED : 25TH FEBRUARY, 2008 DATED : 25TH FEBRUARY, 2008 P.C.: 1. Heard the learned counsel for the parties. 2. The petitioner is required to approach this court as the respondent Caste Scrutiny Committee did not take a decision in the matter of his Caste Claim merely on the ground that he is a migrant. It is submitted that the issue is now covered by the decision of this court in the case of Hitesh Hitesh Hitesh Dashiram Murkute Vs. State of Maharashtra and Dashiram Murkute Vs. State of Maharashtra and Dashiram Murkute Vs. State of Maharashtra and 2 others reported in 2007 (5) Mah. Law Journal 454. others reported in 2007 (5) Mah. Law Journal 454. others reported in 2007 (5) Mah. Law Journal 454. It is therefore, submitted that this court may dispose of the petition at the stage of admission itself. 3. The petitioner’s father is employed with Central Railway and presently posted at Kalyan and was issued a Certificate of Domicile by the competent authority in the State of Maharashtra. 4. It is his case that the petitioner’s ancestor migrated to the State of Maharashtra way back in the year 1950 and the grand father of the petitioner was working with Central Railway from 16.7.50 and died at Kalyan on 19.3.77. It is further contended that the petitioner belongs to Caste ’Kori’ which is recognised as Scheduled Caste and, therefore, the petitioner applied for Caste Certificate and he was issued a Certificate of Domicile by the Execute Magistrate, Dist. Thane in the State of Maharashtra on 27.01.2005, on the basis of which he obtained a Caste Certificate from the Deputy Collector, Thane on 27.04.2005 which was wrongly issued in the form meant for migrant which 3 was subsequently re-issued by the Competent Authority in the proper form. 5. Pursuant to the caste claim, the petitioner sought admission in respondent nos.4 Engineering College for prosecuting the studies by taking admission against the seat meant for Schedule Caste. It is submitted that the Caste ’Kori’ came to be recognised as Scheduled Caste in the State of Maharashtra by virtue of Amendment Act No.108 of 1976 which came into force with effect from 27.07.1977 and, therefore, the petitioner was admitted against the seat meant for Scheduled Caste Candidate. 6. It is the case of the petitioner that his Caste Certificate was sent to respondent nos.2 Committee for scrutiny which by the impugned decision declared it to be invalid solely on the ground that the petitioner is a migrant and he will not be able to avail benefit of the Caste Certificate issued by the Competent Authority. 7. The learned A.G.P. submits that in case 4 this court is of the opinion that the claim of the petitioner requires to be reconsidered by the Caste Scrutiny Committee then the same may be remanded to the Caste Scrutiny Committee so that all the issues can be re-examined and appropriate decision can be taken. 8. We find that the ancestors of the petitioner having migrated to Bombay in the year 1950 and having acquired Domicile in the State of Maharashtra, the Caste Scrutiny Committee ought to have examined the caste claim of the petitioner independent of the fact that he is a migrant and, therefore, we quash and set aside the impugned order and remand the matter back to the Caste Scrutiny Committee to re-examine the claim of the petitioner in the light of the decision of this court in the case of Hitesh Dasiram Murkute (Supra) and take a decision in the matter within 6 weeks from the date of petitioner’s appearance before the Caste Scrutiny Committee. 9. The petitioner is directed to appear before the Caste Scrutiny Committee on 14.03.2008. In the 5 meantime, petitioner would be allowed to prosecute his studies in the Engineering course where he has been admitted on the condition that the petitioner would not claim any equity of his caste certificate, which is otherwise invalidated by the Caste Scrutiny Committee. Petition stands disposed of accordingly. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J )