1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.789 OF 2011 (Deonath S. Sherke .vs. The Scheduled Tribes Caste Scrutiny Committee and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : SEPTEMBER 16, 2011. Heard Mr.A.M.Balpande, Adv. for the petitioner, Mr.S.M.Puranik, Adv. for respondent no.1, Mr.N.W.Sambre, Government Pleader for respondent no.2 and Mrs.M.Munshi, Adv. for respondent nos. 4 and 5. Mr.A.M.Balpande, Adv. for the petitioner states that the issue involved in the instant petition is covered by the Division Bench Judgment reported in 2010 (5) Mh.L.J. 281, Akshay Kishor Bhisikar .vs. Joint Commissioner and Vice-Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur and Ors. which has been followed subsequently in the 2 case reported at 2010 (5) Mh.L.J. 326, Tarachand s/o. Fakirachand Ninave .vs. Joint Commissioner and Vice Chairman, Scheduled Tribe Caste Scrutiny Committee, Nagpur and Ors. He contends that the Research Officer did not possess the qualification either in Sociology or Anthropology. The learned Counsel for the respective respondents are supporting the order of Caste Scrutiny Committee. However, they do not dispute absence of qualification in the Research Officer. In the light of absence of qualification and the two judgments (supra) relied upon before us, it is apparent that the view taken therein needs to be followed. Mr.S.M.Puranik, Adv. for respondent no.1, at this stage, has attempted to urge that the old documents produced by the Committee show that the petitioner belongs to 'Koshti' caste. 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 and Verification of) Caste Certificate Act, 2000 require the caste claim to be adjudicated upon by the competent Committee. Hence, this material on which Mr.Puranik, Adv. is 3 placing reliance, also needs to be considered by that Committee. We, therefore, do not find substance in the contention of Mr.Puranik, Adv. that this Court should look into those documents and uphold the order of Committee, which is otherwise not properly constituted. In this situation, we quash and set aside the order dt.30.1.2009. Place the matter before respondent no.1 for taking fresh decision in accordance with law. The petitioner is directed to appear before respondent no.1/Committee on 4.10.2011 and to abide by its further instructions in the matter. Respondent no.1/Committee to attempt to adjudicate the caste claim of the petitioner herein in accordance with law within a further period of four months. The petition is, thus partly allowed. No order as to costs. JUDGE JUDGE jais