1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2704 OF 2010 Amit Arvind Joshi : Petitioner versus State of Maharashtra & ors. : Respondents. Mr. R K Mendadkar for the Petitioner Mr. C R Sonawane AGP for Respondent Nos.1 to 5. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 08th April 2010 P.C. 1. Heard counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Sonawane, AGP, waives notice for Respondent Nos.1 to 5. 3. This Petition under Articles 226 of the Constitution of India takes exception to the decision of Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane dated 18 th January 2010 invalidating the caste claim of the Petitioner. 4. The Petitioner had to approach this Court even on the earlier occasion. The Division Bench of our High Court considering the diverse contentions in the judgment dated 24 th September 2 2009 in Writ Petition No.5116 of 2008 had occasion to observe as follows :- “We prima facie find that some of the information supplied by the applicant and his uncle to the Vigilance Cell which is reproduced by the Scrutiny Committee in its order tallies with some traits and characteristics of the Thakar community of Sindhudurg as stated in the report of the Tribal & Research Institute, Pune, mentioned above. It needs to be examined whether by reason of this, the petitioner who claims to belong to Thakar community is a person belong to Thakar Scheduled Tribe. We have been shown Prof. Mutatkar’s monograph entitled “Tribal Identity Policy Issues”. It is pertinent to note that the Full Bench has described it as instructive. It notes the parameters recommended by the Government of India which are to be applied in determining tribal characteristics. The Scrutiny Committee has noted them. But it has not stated why if the present case is examined on the touchstone of those parame, the petitioner cannot be said to be a person belonging to Thakar Schedule Tribe.” For the reason so stated, the Court was pleased to remand the matter to the Scrutiny Committee for reconsideration of the Petitioner’s tribe claim on its own merits. 6. Consequent to the said remand order the matter went back to the Scrutiny Committee which has once again invalidated the caste claim of the Petitioner by an order which is running into 3 10 pages. However, specific issue that was required to be considered by the Committee, in our view, has not been addressed at all. The counsel for the Committee was at pains to point out other findings recorded by the Committee. However, those findings will be of no avail in view of the specific remand order passed by this Court on the earlier occasion. As per the said remand order, the Committee was obliged to adjudicate the matters pertaining to the issue of traits and characteristics of the Thakar community of Sindhudurga disclosed by the Petitioner and his uncle to the Vigilance Cell. We have no hesitation in taking a view that this aspect has not been dealt with by the Committee at all. 7. The discussion regarding traits and characteristics as can be discerned from paragraphs 8, 9, 12 and 13 of the impugned decision. However, there is no specific reference to the efficacy of the information supplied by the Petitioner and his uncle to the Vigilance Cell. 8. In the circumstances, the impugned decision is quashed and set aside and the matter is once again remitted back to the Scrutiny Committee for reconsideration of the issue specifically indicated to by the Division Bench on the earlier occasion which has been reproduced in the earlier part of this order. 9. The Petitioner shall appear before the Scrutiny Committee on 26 th April 2010 at 11.00 a.m. on which day the 4 Scrutiny Committee may assign a suitable date as may be convenient to it. But however, shall ensure that the remand proceedings are finally disposed of not later than 30 th June 2010. 10. All questions with regard to the above issue will have to be decided on its own merits in accordance with law. 11. Petition disposed of on the above terms. (R M SAVANT, J.) (A M KHANWILKAR, J)