(1) WP 7557.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7557 OF 2011 Shri Vijaykumar S/o Kautikrao Suryawanshi PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. Arun H. Koralkar, Advocate for the Petitioner. Mr. V.D. Rakh, A.G.P. for the Respondent-State. Mr. P.P. More, Standing Counsel for respondent no.2-Committee. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 18TH OCTOBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. Heard finally, by consent of the parties. 2. The petitioner has approached this Court, being aggrieved by the inaction on the part of the respondent-Scrutiny Committee, in not deciding the claim of the petitioner of belonging to Thakur Scheduled Tribe. Since the petitioner has relied on the validity certificate issued in favour of his real brother-Shri Sunilkumar Kautikrao Suryawanshi, we had requested the learned counsel for the respondent- Committee to obtain the original file regarding the (2) WP 7557.2011 case of the petitioner's real brother. Perusal of the file would reveal that the validity certificate has been granted in favour of the petitioner's real brother, by following the due procedure prescribed under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and the Rules framed thereunder. 3. When the petitioner's real brother has been held to be validly belonging to Thakur Scheduled Tribe, we do not find it necessary to direct the Scrutiny Committee to again go through the same rigour. We, therefore allow the Petition and hold that the petitioner's claim of belonging to Thakur Scheduled Tribe is valid and direct the Scrutiny Committee to issue the caste validity certificate to the petitioner within a period of four (4) weeks from today. Rule is made absolute in the aforesaid terms. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/