1.wp.9138-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.9138 OF 2009 Shri Dhiresh Rajesh Made. ..Petitioner. Versus State of Maharashtra and 2 others. ..Respondents. ... Mr.R.K. Mendadkar, Advocate for the Petitioner. Mr.C.R. Sonawane, Govt. Pleader for respondent Nos.1 to 3- State. ... CORAM : F. I. REBELLO & K. K. TATED, JJ. DATED : NOVEMBER 13, 2009 P.C. 1. Rule. Heard forthwith. 2. The petitioner had applied for caste validity certificate. The caste of the petitioner’s father was validated by the Committee on 20.6.2001. That document was relied upon by the petitioner along with caste validity certificate of some other relatives. These documents have been brushed aside merely on the ground that the petitioner herein was unable to establish his caste claim based upon traits and characteristics of the said community. 3. In our opinion, the Tribunal totally mis-directed itself. Once there is a member of the family, whose caste claim has been validated, there must be cogent reasons given as to why that 1.wp.9138-09 2 certificate should not be considered. In the instant case, the caste validity certificate is in respect of petitioner’s father himself. In our opinion, therefore, the matter requires reconsideration by the Committee. The impugned order is therefore set aside. The matter is restored to the file of the Committee for deciding the matter afresh. 4. We may note that the Committee may proceed on the footing that each and every case is to be dealt on its own merit. This is a general rule and by an exception if the blood relatives have been issued caste validity certificate normally should be considered unless there is a strong evidence, documentary and/or traits and characterstics to hold otherwise. 5. In the light of the above, the impugned order is set aside. The matter is restored to the file of the Committee for deciding the matter afresh after giving an opportunity of hearing to the petitioner. Rule is made absolute. Writ Petition is disposed of accordingly. No order as to costs. (K.K.TATED, J.) (F.I. REBELLO,J.)