(1) JUD-WP-543.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 543 OF 2009 Shri Baburao Shahuba Sapkal, Age : 32 years, Occu.: Service as a Lab Attendant, R/o Sillod, Tq. Sillod, Dist. Aurangabad, Present residing at House no.39, Raje Sambhaji Colony, Jadhavwadi, Aurangabad, Dist. Aurangabad PETITIONER VERSUS 1. The State of Maharashtra Department of Tribal Development, Mantralaya, Mumbai-32. Through its Secretary (Copy to be served on the Government Pleader, High Court of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 3. The Principal, Vasantrao Naik College, Aurangabad Dist. Aurangabad RESPONDENTS ..... Mr. A.S. Golegaonkar, Advocate for the Petitioner. Mr. S.V. Kurundkar, Addl. G.P. for the Respondent-State. Mr. R.P. Phatke, Standing Counsel for respondent no.2 Mr. Abhay Rathod, Advocate for the respondent no.3 ..... (2) JUD-WP-543.2009 CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 22ND JUNE, 2011 JUDGMENT (PER - M.T. JOSHI, J.):- 1. Rule. Rule made returnable forthwith, by consent. 2. By the present Writ Petition, the petitioner prays for quashing of the order of the respondent no.2-Scheduled Tribe Certificate Scrutiny Committee, invalidating the claim of the petitioner that he belongs to Scheduled Tribe i.e. "Koli Malhar". 3. The learned counsel for the petitioner submitted before us that while the respondent no.2 Scrutiny Committee had brushed aside the caste validity certificates issued to his paternal relatives like Vitthal Mhatraji Sapkal and Vilas Ramchandra Sapkal only by holding that they are distant relatives, respondent no.2-Scrutiny Committee failed to even consider the validation of the similar claim of his real brother Laxman Shahuba Sapkal made by the Scrutiny Committee on 26.7.1979. (3) JUD-WP-543.2009 4. The affidavits filed before the Scrutiny Committee show that Vitthal Mhatraji Sapkal and Vilas Ramchandra Sapkal are paternal relatives of the petitioner. The respondent no.2 has observed that they are the distant relatives of the petitioner. The genealogy, however, shows that they are the paternal relatives. The glaring fact is that the petitioner has sent on 24.10.2005 affidavit as well as a certificate of validity of his real brother Laxman Shahuba Sapkal to the respondent no.2 which was acknowledged by the respondent no.2 to have been received on 24.10.2005. Thereafter, the respondent no.2-Scrutiny Committee held hearing in the matter of the present petitioner on 22.7.2008 and ultimately vide order dated 29.9.2008 invalidated the claim of the present petitioner. In the order, however, there is no whisper of receipt of the affidavit or copy of the certificate of validity of the tribe of the real brother of the petitioner on 26.7.1979. 5. In view of this matter, the learned counsel for the respondent no.2 Mr. Phatke fairly concedes that the matter will have to be remanded to the (4) JUD-WP-543.2009 respondent no.2-Scheduled Tribe Certificate Scrutiny Committee for afresh consideration. Accordingly, the matter is remitted to the Scrutiny Committee to decide it afresh. The Scrutiny Committee will hear the parties and consider the submissions of the petitioner with regard to the validation of his brother's tribe claim and pass appropriate orders within six (6) months from today. Till then, the respondent no.3 shall not take any adverse action against the petitioner only because he has not produced a caste validity certificate. Rule made absolute in the above terms. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp