1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.307 of 2011 [Mohit Shankar Vishwakarma Vs. State of Mah. & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.M. Sudame, Adv., for the petitioner. Mr. V.A. Thakre, AGP for respondents. ----- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 07th September, 2011. 1. Heard. 2. The order of Caste Scrutiny Committee dated 23rd August, 2010 invalidating the Caste Certificate of petitioner as belonging to Gadi- Lohar has been assailed in this petition. 3. Learned Adv. Mr. Sudame points out that the contention that despite remand, all documents have not been looked into by the Scrutiny Committee has been accepted in Reply- Affidavit by respondent no.2 and the Committee has expressed readiness and willingness to give a re-look to the matter. He, however, states that even affinity test was not applied and hence the Committee should be directed to look into the aspect of affinity also. 2 4. Learned AGP is relying upon Reply- affidavit, and states that appropriate steps in accordance with law will be taken. 5. In view of the reply-affidavit, we quash and set aside the order dated 23rd August, 2010 and permit the Caste Scrutiny Committee to consider the matter in the light of the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, (Act No. 23 of 2001). The Scrutiny Committee shall, therefore, look into relevant documents and follow the procedure as stipulated in said enactment. 6. The petitioner is directed to appear before the Caste Scrutiny Committee on 27th September, 2011, and to abide by its further instructions in the matter. Scrutiny Committee shall attempt to decide the matter as early as possible, and, in any case by 28th February, 2012. 7. Rule is made absolute accordingly. No costs. Judge Judge |Hedau| 3