1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6027 OF 2009 Adivasi Koli Vikas Mahila Sangathana ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. S.R. Barlinge, advocate for the petitioner Mr. S.K. Tambe, A.G.P. for respondents ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 12TH JANUARY, 2010 PER COURT:- 1 Heard counsel for the petitioner. One of the relief claimed in this petition is to issue directions to the respondent No.1 to change the constitution of the Scrutiny committee by appointing at least one judicial Officer in the committee. In so far as this relief is concerned, the petitioner will have to overcome at least three hurdles. Firstly, as we are informed that such direction was issued by our High court (Nagpur Bench), however, that direction was overturned by the Apex Court. Secondly, in the face of Section 6 of Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) 2 Caste Certificate Act, 2000, it is not open to issue directions which will not be consistent with the said provision. Thirdly, this issue has already been considered by the Apex Court in the case of State of Maharashtra and others Vs. Ravi Prakash Babulasingl Parmar, reported in AIR 2007 SC 295 (1). 2 Realising this position, the counsel for the petitioner submits that he would consider to amend the writ petition and ask for further appropriate relief, as may be advised. 3 In so far as the relief “B” is concerned, prima facie, we find substance in the argument of learned A.G.P. that direction prayed in the petition would run contrary to the procedure prescribed in the Act of 2000. All these aspects will have to be considered on the next date after the petitioner carries out proposed amendment. Leave to amend, as prayer for, is granted. Amendment to be carried out within two weeks from today, failing which the petition shall stand dismissed without further reference to the court. If the amendment is carried in time, the petition be listed on 22.2.2010. The pleadings, if any, be exchanged between the parties, to be filed in the registry in advance. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/ 3