1 wp4869.06 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4869 OF 2006 Jyoti D/o Mohan Tapse, Age : 19 years, Occ : Education, R/o Kishor Niwas, Shyamnagar, Latur ..PETITIONER -VERSUS- S.T. C.C. S. Committee, Through its Member Secretary, Kasmira Sadan, Railway Station Road, A'bad. ..RESPONDENT ..... Shri A.S. Golegaonkar, Advocate for petitioner. Shri R.P. Phatake, Advocate for respondent. ..... (CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 13th July, 2011. ORAL ORDER :- 1. The Writ Petition has been preferred against the decision of the Scrutiny Committee, invalidating the tribe claim of the petitioner. The petitioner claims that she belongs to "Mahdeo Koli", Scheduled Tribe. According to her, her cousins Sonali and Deepali have been issued the validity certificates, indicating that they belong to "Mahadeo Koli" Scheduled Tribe. Therefore, she claims that the Scrutiny Committee ought to have taken into consideration these factors before deciding her case. 2 wp4869.06 2. A reply has been filed by the Scrutiny Committee, in which it has been averred that the Scrutiny Committee has decided to reopen the cases of all the blood relatives of the petitioner by reviewing the earlier orders validating their caste certificates. This is because, apparently, the Scrutiny Committee was of the view that those relatives have been issued validity certificates only because they had suppressed the fact that their blood relatives have been refused the validity certificates. According to the Scrutiny Committee, false declarations have been made by the relatives of the petitioner and due to this fraud they have managed to get their certificates validated. It has also been mentioned in the aforesaid affidavit that Sachin Dhondiram Tapse, another cousin of the petitioner, had also approached the Committee for validation of his tribe claim. However, his claim had been invalidated by the Scrutiny Committee, by its order dated 18th September, 2011. He has filed Writ Petition No. 3645 of 2002 in this Court, which is pending. 3. We have been informed by Shri Phatke, the learned Counsel appearing for the Scrutiny Committee that notices have been issued to all the relatives of the petitioner, who have been issued the validity certificates, for reverification of the certificates issued to them. 4. In these circumstances, in our opinion, it would be appropriate to direct the Committee to consider the petitioner's tribe claim along with the claims of her relatives, who have been issued notices by the Scrutiny Committee for reverification of their claim. 3 wp4869.06 5. The impugned order is set aside. The petitioner's tribe claim will be decided by the Scrutiny Committee along with those of her relatives. The Scrutiny Committee will not be bound by the fact that it has issued validity certificates in the case of some of the relatives of the petitioner, while deciding the tribe claim of the petitioner. 6. The Petition is disposed of, accordingly. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) ga s/wp4869.06