IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.3976 of 2005 Yashwant Shripat Koli..Petitioner vs The State of Mah and ors .respondents Mr. R.K.Mendadkar for petitioner Ms Purvi Chhatrapati for respondent no.l Mrs J S Pawar AGP for State CORAM: A.P.SHAH & D.Y.CHANDRACHUD JJ CORAM: A.P.SHAH & D.Y.CHANDRACHUD JJ CORAM: A.P.SHAH & D.Y.CHANDRACHUD JJ Dated l3.7.2005 Dated l3.7.2005 Dated l3.7.2005 P.C: Heard advocates. . The Petitioner joined the Respondent Bank in reserve category as a Clerk. In the l992, he became qualified for promotion from Clerical cadre to Officer cadre. The case of the Petitioner was referred to the Caste Scrutiny Committee for verification of the caste certificate submitted by the Petitioner. By order dated l9.l0.l995 the caste certificate issued to the petitioner was declared invalid by the Scrutiny Committee. . The Order of the Scrutiny Committee was challenged by the Petitioner in Writ Petition No.53l of l996. The challenge in the petition was based on the ground that the Scrutiny Committee had no jurisdiction to investigate into caste certificate of the employees other than employees of Government of Maharashtra. The writ petition was allowed by the Division Bench vide order dated l7.l2.2003 upholding the aforesaid grounds on the point of jurisdiction alone. The order of the Division Bench reads as follows: "P.C. By this petition the petitioner has challenged the order passed by the Caste Scrutiny Committee on the ground of jurisdiction. In l995 when the order was passed according to the petitioner the Committee had no jurisdiction to investigate in the certificate of non government employee. 2. This question is squarely covered by our decision in Writ Petition No.l4l4 of l995 wherein it has been held that such orders are without jurisdiction. Hence this petition is allowed . Rule made absolute in terms of prayer (b)" (emphasis supplied) . It is seen from the above order that the petition was allowed on the point of jurisdiction alone. The genuineness of caste certificate was not considered by the Court. The Scrutiny Committee, however, after a lapse of nearly 8 years granted caste validity certificate to the petitioner on l6.4.2004 solely on the basis of the above order passed by the Division Bench. The caste validity certificated granted by the Scrutiny Committee reads as follows: "CERTIFICATE OF VALIDITY Reference; Order passed by the Hon‘ble High Court of Judicature at Bombay in Writ Petition No.53l of l996. Case no DD/TCSC/NSK/SER/NS-l072/WP-53l-96 -2265 dated l6.4.2004 As per the order passed by the Hon‘ble High Court of Judicature at Bombay in Writ Petition No.52l of l996, the Caste Certificate of Shri Yashwant Shripat Koli as belonging to Tokare Koli,Scheduled Tribe bearing No.20l/l980 dated 7.3.l98l issued by the Executive Magistrate, Shirpur, Dist Dhule is held valid by the Scrutiny Committee. This certificate is applicable only to the candidate as per court order" (emphasis supplied) . It may be mentioned that on ll.6.l998 a resolution was passed by the State of Maharashtra widening the scope and jurisdiction of the Scrutiny Committee. The Scrutiny Committee was required to ascertain the caste claim of the Petitioner in the light of the decision of the Surpeme Court in Madhuri Patil’s case and caste validity certificate could have been issued only upon satisfaction of the Scrutiny Committee that the Petitioner belongs to "Tokare Koli" Scheduled Tribe as claimed by him. However, admittedly the caste claim of the Petitioner has not been decided by the Scrutiny Committee and the certificate has been issued solely on the basis of the aforesaid decision of the Division Bench. We therefore direct the Scrutiny Committee to consider the caste claim of the Petitioner afresh in accordance with law and decide whether the Petitioner belongs to Tokare Koli Scheduled Tribe without in any manner influenced by the caste validity certificate granted on l6.4.2004. All contentions on merits are left open to the parties. Petition is accordingly disposed of.