Kambli 1 WP545.08 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.545 OF 2008 ... Vilas Vinshu Suryawanshi ...Petitioner v/s. 1.The State of Maharashtra 2.The Scheduled Tribe Caste Certificate Scrutiny Committee 3.Sub Divisional Officer Walwa, Islampur ...Respondents ... Mr.R.K.Mendadkar for the Petitioner. Mr.V.A.Gangal Special Counsel with Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 22nd November,2010 P.C.: 1. Heard the learned Counsel for both sides. The relevant facts are that the Petitioner applied to the Sub Divisional Kambli 2 WP545.08 Officer, Islampur for issuance of caste certificate certifying that he belongs to Thakar caste/ scheduled tribe. The Sub Divisional Officer rejected that application holding that there are no instructions from the Government for issuance of such certificate. Feeling aggrieved by that order the Petitioner approached the Scrutiny Committee. The Scrutiny Committee rejected the the appeal by order dated 27-4-2007 holding affinity test and then answering that the Petitioner does not belong to Thakur Scheduled Tribe. 2. We find that the reason given by the Sub Divisional Officer was not proper in view of the provisions of Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Kambli 3 WP545.08 Category (Regulation of Issuance and Verification of) Caste Certificate Act, 200 and Rules framed thereunder. The Scrutiny Committee, therefore, was not justified in going into the aspect of affinity at that stage. In our opinion, therefore, following order would meet the ends of justice. O R D E R (i)The order passed by the Sub Divisional Officer and the Scrutiny Committee impugned in the petition are set aside. (ii)The matter is remitted back to the Sub Divisional Officer. (iii)The Sub Divisional Officer shall consider the application of the Petitioner in accordance with the provisions of the Act and the Rules framed thereunder and dispose of it in accordance with law. Kambli 4 WP545.08 (iv)The remedy that may be available to the Petitioner shall be available against any order that the Sub Divisional Officer may make. (v)All contentions available to both sides are kept open. (vi)Rule made absolute accordingly. No order as to costs. (D.K.Deshmukh,J.) (N.D.Deshpande, J.)