(1) WP. 8202.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8202 OF 2010 Vishwanath S/o Govinda Johari, Age : 46 years, Occu.: Service as Superintendent, Govt. Pleader Office, High Court of Bombay, Bench at Aurangabad, at present R/o. Aurangabad, Tq. and Dist. Aurangabad PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. V.J. Dixit, Sr. Advocate h/f. Mr. V.B. Patil, Advocate for the Petitioner. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. Mr. R.P. Phatke, Standing Counsel for respondent no.3- Scrutiny Committee Mr. B.L. Sagar Killarikar, Advocate for respondent no.4 ..... CORAM : D.B. BHOSALE & M.T. JOSHI, JJ. DATED : 30TH MARCH, 2011 ORAL ORDER:- 1. Rule. Rule made returnable forthwith. Learned counsel for the respondents waive service. The Petition is taken up for hearing by consent of learned counsel for the parties. (2) WP. 8202.2010 2. By this Petition, under Article 226 of the Constitution of India, the petitioner has impugned the order dated 3.6.2010 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. By this order, the petitioner's caste claim has been invalidated. The basic challenge to the impugned order is on the ground that the Committee which decided the caste claim was not legally constituted. In other words, it was submitted by Mr. Dixit, learned Senior counsel for the petitioner that Member Secretary, namely, Shri B.V. Shirurkar was the Law Officer and he was given additional charge of Deputy Director (Research). He submits that the Committee should consist of the Director, the Joint Director, and the Deputy Director (Research). Mr. Dixit, submits that the Committee which decided the petitioner's caste claim, was not constituted as per clause 4 of the Notification dated 4.6.2003 issued by the Tribal Development Department of Government of Maharashtra. Learned counsel for the respondents have submitted that we need not examine this issue and record our reasons for allowing this Writ Petition and (3) WP. 8202.2010 they all have agreed for setting aside this order and directing the Scheduled Tribe Certificate Scrutiny Committee to decide petitioner's claim afresh within a time frame. 3. Mr. Killarikar, learned counsel for respondent no.4 has no objection for remanding the matter to the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, provided Mr. Dixit, learned Senior counsel makes a statement that the existing Committee, at Aurangabad is duly constituted as per clause 4 of the said Notification and that the petitioner shall not challenge the decision on this ground. Mr. Dixit, learned Senior counsel on perusal of the letter dated 16.3.2011, addressed to learned Assistant Government Pleader submits that he has no objection for remanding this matter to the Aurangabad Committee for verification of his claim. The existing Committee at Aurangabad consist of Shri V.S. Patil, Vice Chairman, Shri M.G. Gaikwad, Deputy Director and Member Secretary and Shri M.K. More, Research Officer and Member. (4) WP. 8202.2010 4. After having perused the letter dated 16.3.2011, Mr. Dixit learned Senior counsel concedes that the Committee consisting of the aforementioned Members is constituted under Rule 9(1) of the Maharashtra Schedule Tribes (Regulation of Issuance and Verification of) Certificate Rule, 2003 and clause 4 of the Notification and that he has no objection for remanding this matter before this Committee. 5. In the circumstances, we dispose of this Writ Petition by the following order:- I) The order dated 3.6.2010 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad is set aside and the matter is remanded to the existing Committee at Aurangabad. The said Committee shall decide the petitioner's caste claim afresh on merits and in accordance with law as expeditiously as possible and preferably within a period of four (4) months from the date of receipt of this order. (5) WP. 8202.2010 II) All contentions of the parties are kept open. The parties are directed to appear before the Committee on 18th April, 2011 with copy of this order. 6. Rule made absolute in the above terms. Sd/- Sd/- [M.T. JOSHI, J.] [D.B. BHOSALE, J.] arp