1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2076/2007 Mohd. Iqbal Abdul Gaffar ..vs.. State of Maharashtra and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Samarth, Advocate for petitioner. Mr. Deshpande, A.G.P. for respondent nos. 1 to. 3. Mr. Kulkarni with Mr. Mardikar, Advocates for respondent no. 5. CORAM: D. K. DESHMUKH AND PRASANNA B. VARALE, JJ. DATED : 19 th DECEMBER, 2008 1. Heard learned counsel for the parties. 2. By this petition, the petitioner challenges order of the Divisional Caste Scrutiny Committee, Amravati holding that Caste Certificate issued by Executive Magistrate in favour of the petitioner that he belongs to Kasai caste which is Other Backward Class, is not valid. Reason for recording that finding was that the petitioner himself produced material to show that he is Khatik by caste. Khatik and Kasai castes are listed as two different Castes in the Notification issued by the State of Maharashtra, which gives list of the Other Backward Classes. 2 3. Learned counsel for the petitioner relied upon judgment of the Supreme Court in the case of Vasant Pandurang Narwade @ Narvade ..vs.. Subhash; 2001 (10) J T 125, to contend that though the petitioner produced material to show that he was Khatik by Caste and the Caste Certificate, which was sent for consideration, was that he was Kasai by caste, the Scrutiny Committee should have held enquiry to find out what is the exact Caste of the petitioner. 4. In our opinion, judgment of the Supreme Court is not relevant in this case because Caste Certificate of the petitioner, issued by the Executive Magistrate, was sent for scrutiny to the Scrutiny Committee, which is constituted under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate 3 Act, 2000. The scheme of that Act is that the Scrutiny Committee is set up to verify whether Caste Certificate issued by the Executive Magistrate is valid or invalid. In other words, the Scrutiny Committee has to decide only one thing namely, whether the petitioner belongs to the Caste Kasai, which is mentioned in the Caste Certificate. The Scrutiny Committee does not hold general enquiry to find out what is the caste of the person before it. As the material produced by the petitioner shows that he belongs to Khatik caste. No fault can be found with the order passed by the Scrutiny Committee. The writ petition is, therefore, rejected. JUDGE JUDGE kahale