1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. REVIEW APPLICATION (ST) No. 3243 of 2010 AND WRIT PETITION NO. 991 OF 2009. Surjitsing S/o Kanaksing Zalte, Age 21 years, Occupation : Student, R/o Anjale, Tq. & Dist. Dhule .. Applicant. VERSUS 1) State of Maharashtra, Through Principal Secretary, Social Justice & Special Assistance Department, Mantralaya Extension, Mumbai-32. 2) Divisional Caste Certificate Verification Committee No. 2, Nashik, at Dhule, Dist. Dhule. 3) Gangamai College of Engineering Nagaon, Tq. & Dist. Dhule Through its Principal 4) North Maharashtra University U.M.V. Nagar, Jalgaon Dist. Jalgaon through its Registrar . RESPONDENTS. 2 ... Shri Amol Sawant, Advocate for applicant. Mrs. A.V. Ghondhalekar, Assistant Government Pleader, for respondent No. 1 CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 16th FEBRUARY 2010. PER COURT: (S.S. Shinde,J.) 1. Heard Learned Counsel appearing for the respective parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission The original Petitioner in Writ Petition No. 991 of 2009 has filed this application for review of the judgment and order dated 16th March, 2009 passed by this Court, in the said Writ Petition thereby, Writ Petition filed by the petitioner came to be dismissed. 2. It is the case of the applicant that, 3 applicant belongs to “Rajput Bhamta” (Vimukta Jati) caste. It is further case of the applicant that, the caste claim of the petitioner was invalidated by the respondent Committee by decision dated 04-12-2008. Thereafter, the applicant filed Writ Petition No. 991 of 2009 before this Court challenging the decision of the respondent committee invalidating the caste claim of the applicant. This Court by judgment and order dated 16th March, 2009 in Writ Petition No. 991 of 2009 dismissed the Writ Petition filed by the applicant herein. 3. The learned counsel appearing for the applicant submitted that, the caste claim of the applicant’s uncle namely Jitendrasingh Vikram Zalte came to be validated by the Committee on 29-07-2009. Therefore, the learned counsel appearing for the applicant submitted that, the caste claim of the uncle of the applicant has been validated after dismissal of the Writ Petition, and therefore, this application is filed for review. The learned counsel appearing for the applicant further submitted that, 4 considering the subsequent fact of validation of the caste claim of the real uncle of applicant, in the interest of justice the respondent Committee may be directed to reconsider the claim of the applicant herein, afresh. 4. The learned counsel appearing for the respondent Committee vehemently opposed the petition and submitted that, this Court by detailed judgment and order has invalidated the caste claim of the applicant herein, and therefore, this Court may not entertain the review application. 5. We have heard learned counsel appearing for the respective parties at length and we are of the considered opinion that, the judgment and order passed by this Court deserves to be reviewed in the interest of justice,keeping in the mind that the caste claim of the applicant’s uncle namely Jitendrasing Vikram Zalte is validated by the Committee on 29-07-2009. It is not in dispute that the caste claim of the applicant’s uncle has been validated by the Committee after dismissal of the Writ Petition 5 filed by the applicant herein. By this time it is well established that, when the Committee has validated the caste claim of the blood relation and /or close relatives, then the same can be considered as piece of evidence in support of caste claim of the persons who are direct blood relations from paternal side. In the above said background, this review application is allowed in terms of prayer clause ‘B’. 6. For the same reasons, we recall our order dated 16-03-2009 in Writ Petition No. 991 of 2009 and instead set aside the order of the Scrutiny Committee, further the caste validity claim of the petitioner is restored to the file of the Committee to its original number and the respondent Committee is directed to decide the caste claim of the applicant / Original Petitioner in the light of caste validity certificate of the uncle of the applicant namely Jiterasingh Vikram Zalte. We make it clear that, the Committee need not go into any other documents and confine itself only to the document referred above. All questions in that 6 behalf are left open. The respondent Committee shall decide the caste claim of the petitioner as expeditiously as possible in any case not later than three months from today. Rule is made absolute to the above extent. Review Application as well as Writ Petition are disposed of on the above terms. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] SDM* Cast.3243.10/17-02-10