1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5984 OF 2010 & CAW NO. 1642 OF 2011 (Shanaz Begam Sayyad Abdul Kadar vs. The Caste Certificate Verification Committee & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JULY 19, 2011. Heard Shri Choudhari, learned counsel for the petitioner, Shri Patel, learned counsel for intervenor , Shri Jichkar, learned AGP for respondent No. 1 and Shri Puranik, learned counsel for respondent No. 2 – employer. The order dated 03.11.2010 invalidating the caste claim of the petitioner as belonging to Chhaparband (Vimukta Jati) has been assailed before this Court on various grounds. We need not refer to all those grounds at this stage. Shri Choudhari, learned counsel points out that finding of Scrutiny Committee that father of the petitioner obtained School Leaving Certificate after correction in admission register is incorrect. He further points out that son of present petitioner has been given validity as Chhaperband (Vimukta Jati). In view of this specific contention, this Court had earlier called for original admission register and 2 after its perusal, directed concerned Head Mistress to file an affidavit. Accordingly, said Head Mistress Kaneez Fatma of Subhania Urdu Arabic Primary School, Itwari, Nagpur, has filed an affidavit dated 05.07.2011 separately in English and Hindi. Along with affidavit she has also given true translated extract of that General Admission Register. The intervenor claims to be religious Head of the sect. identified as Chhaperband and he claims that the petitioner belongs to Chhaperbhand community which is recognized as OBC. Shri Patel, learned counsel appearing for him further points out that Mohd. Shanawaz son of the petitioner has inherited the caste of her husband and not of the petitioner and hence validity given to son Mohd. Shanawaz, according to him, is not decisive in the matter. Shri Jichkar, learned AGP appearing for respondent No. 1 is supporting the findings recorded in the impugned order. After perusal of impugned order, we find that the scrutiny committee has noted that the certificate of father of the petitioner showing his caste as Chhaperband was obtained after correction in his admission register i.e. admission register of which extract is produced by Head Mistress Kaneez Fatma before this Court and it is not correct. Similarly, we find that grant of validity in this background to son of the petitioner Mohd. Shanawaz 3 has not been properly dealt with. The documents on the basis of which that validity has been given are not mentioned. As the intervenor claims to be religious head and is opposing the claim of the petitioner and has also invited attention to consideration in this respect by Scrutiny Committee to urge that Chhaperbhand is OBC, we are allowing his application for intervention and we have heard Shri Patel, learned counsel for the intervenor accordingly. He has pointed out that basic document which has been submitted by the petitioner issued in Revenue Case No. 580/MRC-31/1994-95 by Executive Magistrate, Nagpur, shows that the petitioner belongs to Chhaperbhand caste. Shri Choudhari, learned counsel has pointed out that it is an error and the certificate also points out that said community is recognized as Vimukta Jati. In view of rival claims and situation emerging therefrom, we are not going into the matter any further. Shri Patel, learned counsel contended that admission register produced by Subhania Urdu Arabic Primary School is containing lose papers and there is tampering in it. We are also not concluding that aspect as we find that grant of validity to Mohd. Shanawaz has not been looked into and finding that admission register of the father of the petitioner contains over writing or erasers is incorrect. The orders of Scrutiny Committee 4 dated 03.11.2010 is quashed and set aside. The matter is remanded to the Scrutiny Committee for fresh consideration in accordance with law. The applicant – intervenor is permitted to participate in proceedings even before the Scrutiny Committee. The petitioner and intervenor are directed to appear before the Scrutiny Committee on 23.08.2011 and to abide by its further instructions in the matter. The Scrutiny Committee shall after extending necessary opportunity, attempt to adjudicate the caste claim of the petitioner as early as possible and in any case within a further period of six months. Writ Petition is disposed of. Rule is made absolute accordingly. No order as to costs. JUDGE JUDGE *GS.