1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 953 OF 2004 Santosh S/o Babanrao Malsatwasd, Age : 21 Years, Occu. : Nil, R/o C/o M. S. Dandewad, Vithai Niwas Sinchan Nagar, Parbhani, Dist. Parbhani. .. .. Petitioner Versus 1. The State of Maharashtra, through Tribal Development Department, M. S. Pune. 2. The Scheduled Tribe Caste Certificate Verification Committee, M. S. Aurangabad Division, Aurangabad through its Chairman / Director. 3. The Taluka Executive Magistrate, Parbhani. 4. The Collector, Collectorate, Parbhani. 5. Head Master, Nutun Vidyalaya, Sailu, Dist. Parbhani. .. .. Respondents Shri A. S. Golegaonkar, Advocate for the Petitioner. 2 Shri S. K. Tambe, A.G.P. for Respondent Nos. 1, 3 and 4. Shri R. P. Phatake, Standing Counsel for the Respondent No. 2. The Respondent No. 5 served. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 04TH AUGUST, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . This petition was circulated before us seeking direction of this Court for expeditious hearing of this petition. The principle ground which was urged for seeking early hearing of the petition was that the caste claim of the two real sisters of the petitioner by name Kum. Arti and Kum. Jyoti has been validated by the Scrutiny Committee during the pendency of this petition. In that light of the matter, therefore, this Court indicated the learned counsel for parties that this petition is likely to be decided finally at this stage, though it is not listed for final hearing. The respondents had sought an adjournment in order to acquaint themselves with the facts of the present case. The respondents, therefore, have expressed their readiness to argue the matter finally, though it is not listed for final hearing. 2. This petition takes exception to the order of the scrutiny 3 committee dated 01.11.2002 invalidating the tribe claim of the petitioner. The Scrutiny Committee by its order dated 01.11.2002 invalidated the tribe claim of the petitioner as belonging to "Mannerwarlu" Scheduled Tribe on the ground of adverse entry in the school record of the father of the petitioner. The Rule came to be issued in this petition. 3. The petitioner has amended the petition so as to bring the subsequent events on record. It appears that, the tribe claim of two real sisters of the petitioner by name Kum. Arti and Kum. Jyoti came to be validated by the Scrutiny Committee on 29.03.2008 and 12.01.2010 respectively, despite the adverse entry in the school record of the father of the petitioner. The aforesaid claims came to be validated on the ground of favourable entry in the school record of the real paternal aunt of the petitioner. In that light of the matter, therefore, we are inclined to set aside the order of the Scrutiny Committee and remit the matter back to the Scrutiny Committee for a decision afresh after taking into consideration the validity granted to two real sisters of the petitioner. 4. Accordingly, this petition is allowed and the impugned order dated 01.11.2002 is hereby quashed and set aside and the matter is remitted back to the Scrutiny Committee for decision 4 afresh for taking into consideration the validity granted to two real sisters of the petitioner namely Kum. Arti and Kum. Jyoti and also for taking into consideration the school record of the paternal aunt of the petitioner. We direct the petitioner to appear before the Scrutiny Committee on 13th September, 2010 and further direct the Scrutiny Committee to decide the tribe claim of the petitioner within one year of 13th September, 2010. 5. Since the ad-interim relief has been operating in the present case directing that no adverse action be taken against the petitioner during the pendency of this petition, we extend the aforesaid ad-interim relief and direct that no adverse action be taken against the petitioner solely based on the fact that petitioner's claim has been referred to the Scrutiny Committee for decision afresh, during the pendency of the proceeding before the Scrutiny Committee. 5. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug.10