1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6006 OF 2008 WRIT PETITION NO. 6006 OF 2008 WRIT PETITION NO. 6006 OF 2008 Dattatray Rambhau Pawar ... Petitioner Versus State of Maharashtra & Ors. ... Respondents Mr. Y.S.Jahagirdar, Senior Counsel, i/b. Shri R.K.Mendadkar, Advocate,for the petitioner. Mr. A.L.Patki, Special Counsel for respondent Nos. 1 to 5. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. DATED: 10th October, 2008. DATED: 10th October, 2008. DATED: 10th October, 2008. P.C. P.C. P.C. 1. The case of the petitioner is that the caste certificate was not validated by the respondents although he had shown to the respondents a Judgment of this Court passed in Writ Petition No.2122 of 1989 (Shri Writ Petition No.2122 of 1989 (Shri Writ Petition No.2122 of 1989 (Shri Arun Sopan Pawar vs. The State of Maharashtra & Ors.) Arun Sopan Pawar vs. The State of Maharashtra & Ors.) Arun Sopan Pawar vs. The State of Maharashtra & Ors.) decided on 30.10.1996 by the Division Bench of this Court by which the son of the petitioner’s uncle had been declared to be belonging to Scheduled Tribe. He submits that one brother cannot belong to one caste and another brother to another caste. Unfortunately, the 2 Respondent Committee did not take into consideration the said Judgment passed by this Court and did not even refer to that Judgment. 2. In this view of the matter, after hearing the learned Counsel for the parties, we feel that the petition can be disposed of at this stage with same directions to the Respondent-Committee. We feel that when the cousin of the petitioner has been declared to be belonging to a particular caste, the petitioner cannot be declared to be belonging to another caste because the caste is decided by birth and not by any other mode. The Committee has not discussed the impact of the said Judgment. 3. Therefore, we set aside the impugned order and remand the matter back to the Committee to consider the validation of the caste certificate of the petitioner in the light of the Judgment of this Court, referred to above. This shall be done within four weeks from today. Petition stands disposed of accordingly. (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) 3 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)