- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5950 OF 2007 Sallauddin @ Bankat Shamshuddin Thodage. ...Petitioner VS. 1.The State of Maharashtra & ors. ...Respondents --- Mr.R.P.Walvekar, for Petitioner. Mr.A.Kumbhakoni, Asst.Advocate General with Mr.C.R.Sonawane, for Respondent nos.1 to 3. Mr.G.R.Salunkhe, for Respondent no.5. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. V.M.KANADE, JJ. V.M.KANADE, JJ. DATED: 27th February,2008. DATED: 27th February,2008. DATED: 27th February,2008. P.C. P.C. P.C.: 1. Rule returnable forthwith. Heard finally by - 2 - consent of parties. 2. Heard the learned Counsel appearing for both the sides. The petitioner had obtained a caste certificate from the Sub-Divisional officer, Radhanagari Division, Kolhapur, certifying that he belongs to the Kasai caste at Sr.no.257 in the list of Other Backward Class. That certificate was sent for scrutiny to the Regional Caste Verification committee. That committee has called for vigilance cell report. In that report it was opined that the petitioner belongs to Muslim Kasai caste. The committee has referred to the report of the vigilance cell which is in favour of the petitioner but has not given in the order any reason for rejecting the conclusion reached by the vigilance cell that the petitioner belongs to Muslim Kasai caste. Thus, in the order passed by the Regional Caste Verification Committee dated 9.8.2007 the committee has not given any reason while rejecting the opinion expressed by the vigilance cell that the petitioner belongs to Muslim Kasai caste. Perusal of the order of the committee also shows that, according to the committee, the petitioner had obtained caste certificate certifying that he belongs to Kasai caste - 3 - which is at sr.no.257 in the list of Other Backward Class, but the proof that he has produced shows that he belongs to Muslim Kasai caste which is at Sr.no.316 of the list and that is one more reason given by the committee for rejecting the caste certificate. We have been pointed out that though by the Resolution dated 1.1.2001 alongwith certain other castes "Muslim-Kasai" was added to the list of Other Backward class at Sr.no.316, a corrigendum was issued on 19.11.2001 deleting the suffix "Muslim". With the result, now in the Other Backward class it appears that at two places "Kasai" is mentioned as other backward class i.e. one at Sr.no.257 and other at Sr.no.316. As a result of the corrigendum dated 19.11.2001 in the list of other backward class on 9.8.2007, which is the date of the order of the Regional Caste Verification committee, there was no caste included in that list as Muslim-Kasai. In our opinion, therefore, before rejecting the caste claim of the petitioner on that ground the Committee was under an obligation to consider the change brought about by the corrigendum dated 19.11.2001 and also to record finding as to whether the caste "Kasai" mentioned at Sr.no.257 and 316 are different or same caste. In our opinion, therefore, the order of the - 4 - said committee suffers from non application of mind to the relevant, material and vital aspect of the matter, and therefore, the order dated 9.8.2007 and the intimation of that order dated 11.7.2007 both are liable to be set aside. In our opinion, therefore, the following order would meet the ends of justice:- . The intimation dated 11.7.2007 and the order dated 9.8.2007 are set aside. The matter is remitted back to the Regional Caste Verification Committee for denovo consideration, hearing and decision in accordance with law. . Rule is made absolute accordingly. . No order as to costs. (D.K.Deshmukh, J.) (V.M.Kanade, J.) --- - 5 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.99 OF 2008 IN WRIT PETITION NO.5950 OF 2007 Sallauddin @ Bankat Shamshuddin Thodage. ...Petitioner /applicant VS. 1.The State of Maharashtra & ors. ...Respondents --- Mr.R.P.Walvekar, for Petitioner. Mr.A.Kumbhakoni, Asst.Advocate General with Mr.C.R.Sonawane, for Respondent nos.1 to 3. Mr.G.R.Salunkhe, for Respondent no.5. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. V.M.KANADE, JJ. V.M.KANADE, JJ. DATED: 27th February,2008. DATED: 27th February,2008. DATED: 27th February,2008. P.C. P.C. P.C.: . As the writ petition no.5950 of 2007 filed by the applicant is disposed of by the order passed today i.e. 27.2.2008 by this Court, this civil application does not survive for consideration, - 6 - hence, disposed of. (D.K.Deshmukh, J.) (V.M.Kanade, J.)