1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 300 OF 2007 Sheshrao s/o. Vyenkatrao Panchal Age 27 years, Occ. Service, R/o. Betak Biloli, Taluka Naigaon, District Nanded. .. Petitioner Versus 1] The State of Maharashtra through its Secretary Department of Social Welfare, Mantralaya, Mumbai-32. 2] The Divisional Caste Certificate Scrutiny Committee for Scheduled Caste Nomadic Tribes, O.B.C. & S.B.C. through its Member Secretary c/o. Office of Divisional Social Welfare Officer, Jalna Road, Aurangabad. 3] The Zilla Parishad, Nanded District Nanded, through its Chief Executive Officer, 4] The Education Officer (Primary) Zilla Parishad, Nanded. .. Respondents --- Mr. S.S. Jadhavar,Advocate for the petitioner, Mr. S.K. Kadam, AGP for the respondent. 2 CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 23RD JULY, 2009. ORAL ORDER :- 1. Rule. Rule made returnable forthwith. 2. By way of present petition, the petitioner challenges the judgment and order dated 27th November, 2005, thereby invalidating the claim of the petitioner of belonging to Gadi-Lohar Nomadic Tribe. 3. The petitioner claims that he belongs to Gadi-Lohar tribe. It is notified as Notified Tribe. The claim of the petitioner has been invalidated on the ground that he has not produced any document which is prior to 1961 i.e. date on which the tribe Gadi- Lohar came to be notified as Nomadic Tribe. 4. The petitioner, by way of an additional affidavit, has placed on record the affidavit of one Digambar s/o. Gopinath Panchal whose claim has been validated and the genealogy in respect of his submission that he is related to the said Digambar s/o. Gopinath Panchal. 5. We find that it would not be appropriate for this court to look at the said evidence for the first time. However, in the interest of justice, we find that the petitioner should get an opportunity to 3 produce the said evidence which can be scrutinized by the Scrutiny Committee on its own merits. 6. In the result, the impugned order dated 29th November, 2005/13th December, 2005 is quashed and set aside. The mater is remitted back to the Scrutiny Committee to consider the claim of the petitioner afresh. The petitioner is directed to remain present before the respondent No.2- Scrutiny Committee at Latur on 12th August, 2009. The respondent No.2 shall permit the petitioner to lead the additional evidence which he desires. The matter would be decided on remand within a period of 3 months from the date on which the petitioner appears before the Committee. It is directed that till the decision of the committee, the services of the petitioner shall not be terminated on the ground of invalidation of his tribe claim. Rule made absolute in aforesaid terms with no orders as to costs. [N.D. DESHPANDE,J] [B.R.GAVAI, J.] grt/