1 WRIT PETITION NO.: 6505 OF 2010 Surekha V/s State and others IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.: 6505 OF 2010 *** Surekha D/o Murlidhar More ... PETITIONER. Versus The State of Maharashtra and three others. ... RESPONDENTS *** Mr. P. V. Jadhavar, Advocate for the Petitioner. Mrs. A. V. Gondhalikar, A.G.P. for Respondent Nos.1 and 3. Mr. R. P. Phatake, Advocate for Respondent NO.4. *** CORAM: D. B. BHOSALE AND S. B. DESHMUKH,JJ. DATED:- 9th JUNE, 2011. PER COURT: 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. By this petition, under Article 226 of the Constitution of India, the Petitioner has impugned the order dated 26th June, 2010 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. By this order, 2 WRIT PETITION NO.: 6505 OF 2010 Surekha V/s State and others 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. Jadhavar, learned 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. Jadhavar submits that the Committee which decided the petitioner's caste claim was not constituted as per clause 4 of the notification dated 4th June, 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 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. R. P. Phatake, learned counsel for Respondent No.4 has no objection for remanding the 3 WRIT PETITION NO.: 6505 OF 2010 Surekha V/s State and others matter to the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, provided Mr. Jadhavar, learned 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. Jadhavar, learned counsel submits that he has no objection for remanding this matter to the Aurangabad Committee for verification of his claim. The existing Committee at Aurangabad consists 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. Mr. Jadhavar learned 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 Rules, 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 26th June, 2010 passed by 4 WRIT PETITION NO.: 6505 OF 2010 Surekha V/s State and others 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. (II) All contentions of the parties are kept open. The parties are directed to appear before the Committee on 4th July, 2011 with copy of this order. 6. Rule made absolute in the above terms. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:09/06/2011. ans/6505 5 WRIT PETITION NO.: 6505 OF 2010 Surekha V/s State and others WRIT PETITION NO.: OF 200 Date of decision: 9th JUNE, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE