1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.7545 of 2008 With Civil Application No.2660 of 2008 Laxman Birai Yadav Petitioner Vs. Directorate of Technical Education, Maharashtra State, Mumbai & ors. Respondents Mr.Rajesh Datar for petitioner. Mr.V.S.Gokhale, AGP for resp.nos.1, 4 and 5. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. January 22, 2009. P.C. 1. Heard Mr.Datar, the learned counsel for the petitioner who claims to belong to "Ahir" caste which is listed in N.T. category in the State of Maharashtra on the basis of the caste certificate issued on 13/9/2004 by the Sub Divisional Officer, Ulhas Nagar. On the basis of the said certificate his caste claim was subjected to scrutiny before the respondent no.4 - Committee. However, by the impugned order dated 31/7/2008 the Committee declined to decide the petitioner’s caste claim on the ground that he was a migrant and was not entitled to any benefit on his caste claim in the State of Maharashtra. 2 2. Civil Application No.2660 of 2008 has been filed by the petitioner contending that he is a domicile of the State of Maharashtra by birth and the Sub Divisional Officer, Ulhas Nagar has issued a fresh certificate on 6/10/2008 to the effect that the petitioner belongs to "Hindu-Ahir" caste which falls in Nomadic Tribes in the State of Maharashtra at Serial No.29(1) in the G.R. dated 25th May 2006. 3. The petitioner, therefore, prays for directions to the respondent no.4 - Committee to scrutinise his caste claim on the basis of this fresh certificate dated 6/10/2008. Mr.Gokhale, learned AGP on taking instructions from the Law Officer of the Scrutiny Committee who is present in the Court states that the Committee will scrutinise the petitioner’s caste claim afresh on the basis of the caste certificate dated 6/10/2008 and the verification proceedings will be completed within four months. 4. Hence we direct the respondent no.4 - Committee to scrutinise the caste claim of the petitioner on the basis of the caste certificate dated 6/10/2008 afresh and complete the verification proceedings within four months from the date of first appearance. The 3 petitioner will appear before the Committee on 27th January 2009 at 11 a.m. 5. Petition as well as Civil Application are disposed off in terms of the above directions. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)