1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3114 OF 2010 Shri Digvijay Shankarrao Dhade Age 28 years, Occ-Nil At Post.Shirur Anantpal Dist.Latur. .. PETITIONER VERSUS Scheduled Tribe Certificate Scrutiny Committee, Through its Vice Chairman Kasmira Sadan, Railway Station Road,A’bad. .. RESPONDENT .... Shri S.M.Kulkarni, Advocate for the petitioner. Shri R.P.Phatake,Spl.Counsel for the respondent. .... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 6 th OCTOBER, 2010. ORAL JUDGMENT [PER GAVAI,J.] : 1] Rule. Rule made returnable forthwith. Heard counsel for respective parties. By consent of parties, Petition is heard 2 finally at admission stage. 2] By way of present petition, petitioner takes exception to the order passed by sole respondent thereby invalidating the caste claim of the petitioner of belonging to Mahadeo Koli Scheduled Tribe. 3] Shri Kulkarni, learned counsel for petitioner states that after his claim was invalidated, the committee validated the claim of his cousin viz. Vibhav Vishwanath Dhade dated 27/5/1999. The learned counsel submits that the material against present petitioner so also against the said Vaibhav is almost identical. It is therefore, submitted that it is in the interest of justice that the respondent committee reconsiders the claim of the petitioner in the light of validity granted in favour of Digvijay Dhade. 4] From the perusal of the genealogy placed on record, we 3 find that the petitioner’s father Shankar and Vaibhav’s father Vishwanath are real brothers. Hence, prima facie we find that the contention of the petitioner is correct. We therefore, find that it would be appropriate that the committee reconsiders claim of the petitioner in the light of validity granted in favour of his first consin Digvijay and Vaibhav Dhade. 5] In that view of the matter, impugned order dated 16/11/2006 is quashed and set aside. The matter is remanded back to the respondent committee for considering claim of the petitioner in the light of the observations made hereinabove. The Committee shall decide the claim within a period of one year from today. Rule made absolute in above terms with not order as to costs. (A.A.SAYED) (B.R.GAVAI) JUDGE JUDGE umg/wp3114-10