1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 538 OF 2008 Dist.: THANE Vaibhavi Vivek Daingade ...Petitioner Versus State of Maharashtra & Ors. ...Respondents Mr. R.K. Mendadkar for the petitioner Mr. C.R. Sonawane, Assistant Government Pleader, for the Respondents. CORAM: B ILAL NAZKI and S.S. SHINDE, JJ. DATE: JUNE 19, 2008 P. C.:- The petitioner got a Caste Certificate that she belongs to O.B.C. 32 Caste by the Executive Magistrate, Kalyan. The only reason given by the Executive Magistrate, Kalyan, to issue the Caste Certificate to the petitioner is given in paragraph 2 of the certificate:- “This certificate is issued on the basis of the Karnataka State, Tahsildar Raibaug, certificate issued to Shri Sidram Wantmure of town Raibaug in District Belgaun of the State / 2 U.T.Karnataka who belongs to Hindu – Kurbar (Dhanger) Caste/Tribe which is recognised as O.B.C. in the State / U.T. Karnataka issued by the Tahsildar Raibag.” 2. Thereafter, the petitioner got another certificate that she belongs to NT(C). This certificate was also given by the Deputy Collector for the same reason for which the earlier certificate was given by the Executive Magistrate. Obviously, these certificates could not be taken to be valid certificates, and the Caste Scrutiny Committee rejected the application for verification. 3. We do not find any error in the order passed by the Committee, as the certificates issued by the authorities were obviously illegal certificates, based on wrong reasoning, because, if a person is held to be belonging to a particular category in another State, could not have been, on that basis, declared to belong to a category in another State. 4. For the reasons mentioned above, we do not find merit in this petition, which is accordingly dismissed. However, the petitioner claims that she can substantiate that she belongs to NT(C) category. She may 3 move a fresh application before the Competent Authority, and the Competent Authority may go into the issue afresh and decide the application on merits. BILAL NAZKI, J. S.S. SHINDE, J.