1 W.P. 2159/1994 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2159 OF 1994 Sandeep Ramsing Patil .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. M.R.Challani , Advocate for petitioner. Mr. K.B.Choudhari, Additional Govt. Pleader for State. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 06/07/2010 ORAL ORDER : [ PER – B.R. GAVAI, J. ] 1. The petitioner has filed the present petition challenging the order passed by respondent no. 5 invalidating caste claim of the petitioner and further praying for declaration that the petitioner be declared to be belonging to Rajput Bhamta caste and invalidating caste certificate issued by the Executive Magistrate, Soygaon. 2. The petitioner has filed affidavit on record along with 3 certificates of validity. The first one is regarding the validity certificate issued 2 W.P. 2159/1994 in favour of the father of the petitioner namely Ramsing S/o Bhila Pawar, which is dated 6/4/1999. The second certificate is regarding Rahul Ramsing Patil, the real brother of the petitioner and the said certificate is dated 3/3/1998. The third certificate is in case of the sister of the present petitioner namely Anupriya Ramsing Patil which is dated 18/10/2000. 3. It can clearly be seen that all the aforesaid 3 certificates have been issued after 1994 and, therefore, it is presumed that they have been issued after complying the procedure as laid down by the Apex Court in the case of Kum. Madhuri Patil V/s Additional Commissioner, Tribal Development & Others reported in AIR 1995 – Supreme Court – 94. The certificates on which the reliance is placed have been granted after following the procedure regarding the the vigilance cell and by the Committee of experts. 4. In that view of the matter, we find that when the father and real brother and sister of the petitioner have been found to be belonging to Rajput Bhamta caste by the Caste Certificate Scrutiny Committee, remanding the matter would be an empty formality and would unnecessarily delay the proceedings. We find that the petitioner is entitled for declaration that he belongs to Rajput Bhamta. 5. The necessary validity certificate be issued by the Caste Certificate Scrutiny Committee, Nasik within the period of 2 months from today. 3 W.P. 2159/1994 6. Rule is, therefore, made absolute in terms of prayer clause B and D. However, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 2159.94