/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5360 OF 2007 Vishweshwar Namdeo Kamale ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents Shri.R.S. Apte i/b. R.K. Mendadkar & H.K. Mandlik for Petitioner. Shri.C.R. Sonawane Assistant Government Pleader for Respondent No.1 to 4. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATED : 18th FEBRUARY, 2008. P.C.:- 1. Rule returnable forthwith. Heard finally by consent of the parties. 2. By this petition, the petitioner challenges the order passed by the Caste Scrutiny Committee holding that the caste certificate of the petitioner claiming that he belongs to Mahadeo Koli, Scheduled Tribe, is invalid. The order was challenged in the petition No.8236 of 2005 of the petitioner. That petition was decided by the Court by the order dated 5th December, 2005. Court finds that the Caste Scrutiny Committee has not considered entries about the caste of the petitioner's father, one Tukaram Shivappa Koli and / 2/ Vithoba Shivappa Koli and therefore, enquiry was remanded back to the Caste Scrutiny Committee. That Committee has now passed an order. In the order again, the Caste Scrutiny Committee has not considered entry in the school record about the caste of petitioner's father when the order was made. An affidavit has been filed by the respondents. Alongwith affidavit zerox copy of original school record of the petitioner's father has also been produced. That records shows that the caste of the petitioner's father mentioned in the school is Hindu-Mahadeo Koli. That entry has been made in the year 1947. It is, thus, clear that entry in the school record which is of the pre- constitutional period shows that the caste of the petitioner's father is Hindu- Mahadeo Koli. Obviously, therefore, the petitioner's caste certificate cannot be held to be invalid. The only submission on behalf of the Assistant Government Pleader is that the matter should be remanded back to the Caste Scrutiny Committee for consideration of the petitioner's father's school record. In our opinion, such remand will not serve any purpose firstly, because when on the last occasion matter was remanded back to the Caste Scrutiny Committee, one of the reasons for remand was that the Caste Scrutiny Committee should consider school record of the petitioner's father. The Caste Scrutiny Committee for no valid reason did not consider that. Now / 3/ before us is the xerox copy of the original school record produced by the learned Assistant Government Pleader. 3. Taking overall view of record, in our opinion, remand will not serve any purpose. From the material on record, it is clear that in the year 1947 in the school record of the petitioner's father, his caste is mentioned as Hindu- Mahadeo Koli. Obviously, the petitioner also belongs to the same caste. In the result, petition succeeds and is allowed. . Rule is made absolute in terms of prayer clause(a). There shall be no order as to costs. ( D.K. DESHMUKH, J.) (V.M. KANADE, J.)