1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1900/2011 [Akshay D. Rajput .vrs. State of Maharashtra and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JUNE 16, 2011. Heard Advocate Shri V.R. Choudhari for the petitioner, AGP Mrs. K.S. Joshi for respondent nos.1 and 2 and Advocate Shri Marathe for respondent no.4. None appears for respondent no.3. Short contention of Advocate Shri Choudhari is validity certificate given to his real sisters and documents of the year 1958 in respect of his grandfather Shri Manohar Singh has not been looked into by respondent no.2 Committee and conclusion that there is no documents prior to 1961 has been erroneously reached. According to him, the entire matter suffers from non application of mind. He states that affidavit and family tree has been placed on record, the same has not been evaluated. 2 Learned AGP relies upon order of caste scrutiny committee to urge that necessary application of mind is apparent and hence there is no substance in the contention being raised. Learned Advocate Shri Marathe also supports the impugned order. Perusal of impugned order only reveals that though the fact of filing of an affidavit with family tree find mention but then there is no findings recorded on it. The committee has neither disbelieved nor refused to accept it. The conclusion that Manohar Singh is not blood relative of the petitioner, has been drawn without any discussion in this respect. Similarly, the validity certificates have been mentioned as of maternal sisters ignored because they are from maternal side. The validity of real sisters has not been again looked into. Hence, in the light of the judgment of the Hon’ble Apex Court in the case of Gayatrilaxmi Bapurao Nagpure .vrs. State of Maharashtra, AIR 1996 SC 1338, we find consideration by respondent no.2 committee vitiated. Therefore, the impugned order is hereby quashed and set aside. The matter is remanded back to respondent no.2 committee for afresh consideration in accordance with the law. The petitioner is directed to appear before the said committee on 25th July, 2011 and to 3 abide by its further instructions in the matter. The committee shall attempt to decide his caste claim afresh as early as possible and in any case by 31st October, 2011. The petition is thus partly allowed. No costs. Needless to mention that as the caste claim of the petitioner is still not invalidated, it is apparent that he is entitled to prosecute his studies and also for declaration of his result, subject to such scrutiny of his caste. JUDGE JUDGE Gulande