1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 4207/2010. Imran Shah Noor Shah -VERSUS- State of Maharashtra and another. _______________________________________________________________________ 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 & P.D. KODE, JJ. DATED : 27.06.2011. Heard Shri R.H. Chandurkar, learned Counsel for petitioner and Shri Jichkar, learned A.G.P. for respondents. Rule, returnable forthwith. By consent of parties, Writ Petition is taken up for final disposal. Shri Chandurkar, learned Counsel has invited attention to the impugned order dated 13.07.2010 passed by the Scrutiny Committee, to point out how the requirement of government resolutions dated 05.01.1999, 24.12.2005, 29.06.2006 etc., then 2 in force, are breached. He also points out that as per the observations of this Court in Writ Petition Nos. 4506/2004 and 3272/2010, new guidelines have been issued on 23.03.2011, and as per those guidelines also appearance of word “Shah” in the name or then the word “Fakir” in the names/document of ancestors has been mentioned as one of the circumstance indicating that such candidate belongs to Chapparband Caste Nomadic Tribes-A. Learned A.G.P. has invited attention to the documents looked into by the Scrutiny Committee and also to the findings. He states that though word “Fakir” is in document of ancestors, “Fakir” is an independent caste recognized as Other Backward Class. He, therefore, states that the petition as filed is, without any merit. Perusal of guidelines issued on 23.03.2011 in furtherance of the directions of this Court in Writ Petitions mentioned supra, shows that the government itself has found the use of word “Shah” or then occurrence of word “Fakir” in documents and in name, is one of the circumstance in favour of the petitioner. 3 Before us, it is not in dispute that petitioners own name is Imran Shah Noor Shah. We have also noted that in some documents, the caste has been shown as “Fakir”. This is true in relation to his father also, and it prima facie shows that the norms indicated in the guidelines, are satisfied. However, as we are remanding the matter back, we are not concluding this issue. Perusal of the guidelines also show that the persons who professes Hindu religion may also be falling in Chapparband caste. In view of this material, it is apparent that merely because the word “Fakir” appear as caste, the caste claim could not have been invalidated. Similarly, as it is only a guideline further test namely affinity test ought to have been applied to find out whether the customs and traits in the family of the petitioner match with chapparband community/ caste. That obviously has not been done in the present matter. We therefore, quash and set aside the impugned order dated 13.07.2010 and place the matter back before the respondent no. 2 Committee for 4 giving petitioner necessary opportunity to bring on record those customs and traits. Respondent no.2 Committee is also free to hold such inquiry, as it finds necessary and may use that material, after giving notice to the petitioner thereof. After the relevant anthropological material come on record, the Scrutiny Committee to apply the affinity test and thereafter decide the caste claim of petitioner. Petitioner to appear before the Scrutiny Committee on 27.07.2011 and shall abide by its further instructions in the matter. Writ Petition is allowed. Rule is made absolute in the aforesaid terms, with no order as to costs. JUDGE JUDGE Rgd