1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5833 OF 2008 WRIT PETITION NO. 5833 OF 2008 WRIT PETITION NO. 5833 OF 2008 Harshad Narayan Thakar ... Petitioner Versus The State of Maharashtra & Ors. Respondents Mr.Amit Sale, Advocate, for the petitioner. Mr. A.L.Patki, Special Counsel for Respondents 1 to 4. CORAM: BILAL NAZKI & J.H.BHATIA,JJ CORAM: BILAL NAZKI & J.H.BHATIA,JJ CORAM: BILAL NAZKI & J.H.BHATIA,JJ DATED: 15th October, 2008. DATED: 15th October, 2008. DATED: 15th October, 2008. P.C P.C P.C. 1. The petitioner’s certificate with regard to his caste has been invalidated by the Scrutiny Committee by the impugned order dated 25.3.2008. One of the documents on which the petitioner relied was a certificate issued by the same Scrutiny Committee on 4.3.2005 validating the caste certificate of the real sister of the petitioner. It is not disputed that it 2 was certified by the Scrutiny Committee that the real sister of the petitioner belongs to Hindu Thakar which is a Scheduled Tribe. The Committee did not rely on this document to certify the certificate of the petitioner on the ground that each case had to be decided on its own merits. That may be true to an extent, but there are limitations to such a proposition when the case is being considered of the same family. The judgment which have been relied upon by the Scrutiny Committee were not in the factual matrix in which the case pertains to the members of the same family. If the view of the Scrutiny Committee is upheld, it can create an anomalous position where the father would be of one caste and the children would be of different castes. In the present case now, the sister is held to be belonging to the Scheduled Tribe, whereas the brother is held to be belonging to upper caste. In any case, the Committee has not considered why it was earlier the allegation with regard to the issuance of caste validating certificate of the sister of the petitioner bad. 2. In this view of the matter, we quash the order of the Scrutiny Committee and remand it back to the Committee to decide the matter afresh. The petitioner was selected to the post of Police Constable but the post was not offered to him as he could not produce the 3 caste validating certificate. Therefore, we direct the Scrutiny Committee to dispose of the matter again within eight weeks from the date of receipt of a copy of this order. (BILAL (BILAL (BILAL NAZKI,J.) NAZKI,J.) NAZKI,J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)