1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2127 OF 2007 Kokila Raghunath Dhodia .. Petitioner Vs. State of Maharashtra & Ors. .. Respondents Mr.C.K.Bhangoji h/f Mr.R.K.Mendadkar for the petitioner Mr.A.L.Patki, A.G.P. for respondent nos.1 and 2 Mr.Y.S.Jahagirdar, Sr.Advocate i/b Mr.J.K.Bhatia for respondent nos.3 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 11TH SEPTEMBER, 2008 DATED : 11TH SEPTEMBER, 2008 DATED : 11TH SEPTEMBER, 2008 P.C.: 1. Heard the learned counsel for the parties. 2. The petitioner has challenged the issuance of validity certificate in favour of respondent no.3 on the ground that the respondent nos.2 Committee has issued a certificate of validity dated 30.11.06 to respondent no.3 without following the procedure prescribed for verification of caste 2 certificate. 3. It is submitted that the caste certificate came to be validated merely by placing reliance on the certificates filed by respondent no.3. It is specifically pointed out to us that all the certificates on which reliance was placed by respondent no.3, respondent no.2 Scrutiny Committee did not get it verified by referring it to the Vigilance Cell which was least expected within the procedure prescribed in accordance with the Maharashtra Scheduled Tribe Certificates (Regulation of Issuance and Verification of) Certificate Rules, 2003. 4. On the other hand, it is submitted on behalf of the respondent nos.2 Caste Committee that if the Caste Scrutiny Committee is satisfied about the caste claim of the candidate on the basis of documents submitted, it is not necessary to refer the matter to the vigilance cell, or make any further enquiry and that the Caste Scrutiny Committee can issue validity certificate and, therefore, no fault can be attributed to the Caste 3 Scrutiny Committee. 5. The learned Senior Advocate appearing for respondent nos.3 submitted that the petitioner has no locus standi to challenge the validity certificate issued by the Caste Scrutiny Committee in favour of respondent nos.3 and that the stand taken by the Caste Scrutiny Committee is justified as the Caste Scrutiny Committee in the impugned order has specifically referred to the documents which the respondent no.3 has furnished to the Caste Scrutiny Committee when she applied for verification of her caste certificate as belonging to Warli tribe, which is Scheduled Tribe for the purpose of verification. 6. It is further submitted that it is out of political rivalry that the petitioner has approached this Court, and therefore, there is no merits in the petition and the same be dismissed. 7. In order to satisfy ourselves, we had called for the original records and proceedings. We have gone through the records and proceedings 4 and find that the procedure adopted by the Caste Scrutiny Committee cannot be approved in the matter of issuing validity certificate to respondent no.3. Respondent no.3 has submitted only two certificates i.e. her own School Leaving Certificate when she was admitted to New Girls School, Thane and one more certificate in support of her claim i.e. of her relative from Thane Mahanagar Palika School No.38. On the basis of these two School Leaving Certificates, probably the Sub Divisional Officer, Thane Division, Thane issued the caste certificate in favour of the applicant. 8. If this is accepted as sufficient proof of caste, then it will vest in the Caste Scrutiny Committee unguided and arbitrary power to issue Caste Validity Certificate without examining the genuineness of the claim of the candidate whose caste certificate is being scrutinised. In the present case, the Caste Scrutiny Committee ought to have obtained report of the police vigilance cell and examine the claim of the respondent nos.3 in accordance with the Caste Certificate Rules 2003. 5 9. We therefore, quash and set aside the impugned order and remit the matter to the Caste Scrutiny Committee to take afresh decision in the matter of verification of the caste certificate of respondent no.3 after following the procedure prescribed under the Acts and Rules which govern the subject. 10. Needless to state that respondent nos.3 is given sufficient opportunity to establish the validity of her caste certificate. We expect the respondent no.2 Caste Scrutiny Committee to decide the matter within 8 weeks from the date respondent no.3 appears before the caste scrutiny committee. We direct petitioner and respondent no.3 to appear before the Caste Scrutiny Committee on 22.09.2008. Petition stands disposed of accordingly. Records and Proceedings be forthwith returned to the learned counsel for the respondent nos.2. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )