1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 848 OF 2010. Gulabrao S/o Parasram Wagh, Age 43 years, Occu. Service, R/o Nandwan Colony, Aurangabad Tq. & Dist. Aurangabad. .. PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2) The Special Inspector, General of Police & Director, Maharashtra Police Academy, Nashik. 3) The Scheduled Tribe, Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. RESPONDENTS. ... Shri P.V. Jadhavar, Advocate for Petitioner. Shri R.P. Phatke, Additional Government Pleader for respondent Nos. 1 & 2. Shri P.S. Patil, Advocate for respondent No. 3. CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 9th FEBRUARY 2010. PER COURT: (S.S. Shinde, J.) 2 1. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2. The main grievance which is raised by the petitioner in the petition is that, the document at serial No. 12 i.e. copy of affidavit sworn by the applicant’s relative namely Shamrao Shenfadu Wagh whose caste certificate is validated by Divisional Additional Commissioner, Aurangabad vide No. 92/BCC/CR-18, dated 27-10-1992 which was placed on record by the petitioner herein before the Respondent No.3 i.e. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, has not been properly considered by the respondent No. 3 in support of the caste claim of the petitioner as ‘Koli Malhar’ Scheduled Tribe. According to the learned counsel for the petitioner, as many as 23 documents were placed on record before the respondent No. 3 Committee, and the document at serial No. 12 as mentioned above, was not properly considered by the 3 Respondent No. 3 Committee. According to the petitioner, the respondent No. 3 Committee, has not considered the important document from paternal side blood relatives and more particularly the document at serial No. 12, copy of the affidavit sworn by the applicant’s cousin brother namely Shri Shamrao Shenphadu Wagh whose caste certificate is validated by the Divisional Additional Commissioner, Aurangabad on 27-10-1992. It is further submitted that, the respondent No. 3 committee has not given opportunity of personal hearing to the petitioner. Therefore, counsel appearing for the petitioner would submit that, matter may be remitted back to the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad for fresh consideration by setting aside the impugned decision dated 21-02-20006 of the respondent No. 3. 3. Learned counsel appearing for the respondent No. 3 Committee would submit that, the committee has properly considered the document 4 and has reached to correct conclusion. Therefore, no interference is warranted under Article 226 of the Constitution of India. 4. We have heard learned counsel appearing for the respective parties at length, and we are of the opinion that, the respondent No. 3 i.e. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad has not properly considered the document at serial No. 12 i.e. copy of affidavit sworn by applicant’s relative namely Shri Shamrao Shenphadu Wagh, whose caste certificate is validated by Divisional Additional Commissioner, Aurangabad on 27-10-1992. On perusal of reasons recorded by the respondent No. 3 Committee, it appears that, the Committee has observed that, documents listed at serial Nos. 12, 22 & 23 are from maternal side and not in blood relation from paternal side and as such these documents do not help the applicant to decide his tribe claim. In our considered opinion, there is total non application of mind of the respondent No. 3, 5 while appreciating document at serial No. 12. In fact, the petitioner has asserted before the respondent No. 3 Committe by way of placing document on record at serial No. 12 that, Shri Shamrao Shenphadu Wagh is relative from paternal side, in the light of said documents observations of the respondent No. 3 Committee that the relative namely Shri Shamrao Shenphadu Wagh is from the maternal side of the petitioner is wholly misconceived. 5. It would be relevant to mention at this juncture that, the respondent No. 3 Committee is expected to analyze each and every document placed on record with proper application of mind and not to brush aside the said documents on frivolous reasoning. The respondent No. 3 Committee is obliged to assign reasons after analysing each document submitted by the claimant / applicant. The respondent No. 3 i.e. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad being quasi judicial authority is also expected to 6 give proper hearing to the claimant / applicant. In the instant case, not only that there is non application of mind by the respondent No. 3 Committee, while considering the document at serial No. 12, but even it appears that personal hearing is not given to the petitioner herein. Therefore, the impugned decision is not sustainable and same is quashed and set aside and the matter is remitted back to the respondent No. 3 i.e. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad for fresh consideration. The respondent No. 3 Committee shall give personal hearing to the petitioner and take fresh decision in the light of documents already forming part of the Committees record and after affording full opportunity of hearing to the petitioner. Needless to mention that till the caste claim of the petitioner is decided afresh by the respondent No. 3 Committee, no any adverse action should be taken against the present petitioner. The respondent No. 3 Committee shall hear and decide the caste claim of the petitioner afresh within six months from today. The Petitioner 7 shall appear before the respondent No. 3 Committee on 22-02-2010. The Rule is made absolute in the above terms. The Petition is disposed of accordingly. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] SDM* WP 848.10