1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5293 OF 2008 Abhishek Deepak Singh. .... ..... Petitioner. Versus State of Maharashtra & Ors. ... .... Respondents. Ms.Pooja Thorat i/by Mr. V. M. Thorat for the Petitioner. Mr. V. A. Sonpal, AGP for State. Mr. V. A. Gangal, Spl.Counsel with Mr. A.L.Patki, Spl.Counsel for Respondent No.3. CORAM : BILAL NAZKI and J. H. BHATIA, JJ. DATED : 19 th DECEMBER, 2008. P.C.: We have given reasons in our order dated 6th October, 2008 for issuance of contempt notice. Accordingly, the Contemnors – (1) Mr. A. S. Gunjal, Joint Commissioner and Vice Chairman, Caste Verification Committee, Thane; (2) Mr. V. N. Thombare, Dy. Director (R), Scheduled Tribe Certificate Scrutiny Committee, Thane and (3) Mr. S. T. Bhalekar, Sr. Research Officer, Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane, are present in Court. They have submitted that the explanation given in their affidavits justifying their observations made in their order is being withdrawn and they tender unconditional apology in the 2 open Court, which is recorded by the Court Sheristedar, which is being accepted in view of the fact that they are not law knowing persons and as such benefit of doubt is given to them and the notice issued for contempt against them is discharged. 2. Learned Counsel appearing for the respondents submits that issuance of a certificate in favour of the father of the petitioner may not be conclusive proof for issuing certificate to the petitioner as well. The case may have to be considered, according to them, on its own merits. We have our own doubt, as to what will be the position when the High Court has approved the grant of certificate of a particular caste to a father, whether it can be declined to the son or daughter of such person unless the judgment of the High Court is recalled, modified or set aside by the Supreme Court. 3. But, since the matter needs to be reconsidered, we allow the writ petition, set aside the order of the Caste Scrutiny Committee. However, it is stated in the counter affidavit that in view of the impugned order as well as the affidavits, which were filed in response to contempt notice, it appears that the members of the respondent Committee have already made up their mind not to validate the caste certificate of the petitioner. Therefore, in the interest of justice, we direct that the matter of certification of the caste certificate of the petitioner be considered afresh by another Committee at 3 Pune. We further direct that the matter be referred to the Committee at Pune. The Committee at Pune shall decide the case of the petitioner, for grant of verification certificate, on its own merits unmindful of the order passed by the earlier Committee and also the orders passed by this Court during the hearing of this writ petition. 4. Learned Counsel appearing for the respondents submits that the necessary papers shall be sent to the Pune Committee within one week from today. The petitioner is directed to appear before the Pune Committee on 5th January, 2009. On 5th January, 2009 the Committee will fix the final schedule of the matter and dispose of the matter within one month therefrom. 5. In the meantime, till the matter is decided by the new committee at Pune, the petitioner shall be allowed to continue his education in the College he is admitted to. 6. In view of the above, the writ petition is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (J. H. BHATIA, J.)