1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.189 OF 2010 Sunil s/o Chhagan Pachlod, R/o- C-1, Madhuban Apartment, Bhaskar Aali, Wasai (West), Thane. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Chairman, Caste Verification Scrutiny Committee, Dhule, 2) Caste Verification Scrutiny Committee, Dhule Division, Kanushri Tower, Parola Road, Dhule, Through it's Member Secretary. 3) The Collector, Jalgaon, The Collector Office, Jalgaon, 4) The Tahasildar/ Executive Magistrate Bhadgaon, Tahsil Office, Bhadgaon, Dist-Jalgaon, 5) The Thane District Central Co-operative Bank Ltd., Through it's General Manager, Chatrapati Shivaji Path, P.O. Box No.19, Thane. ...RESPONDENTS. 2 ... Mr.S.S. Panale Advocate for Petitioner. Mrs.A.V. Gondhalekar, A.G.P. for Respondent Nos. 1 to 4. ... CORAM: A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 18TH JANUARY, 2010. PER COURT : 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. This Petition under Article 226 of the Constitution of India takes exception to the order passed by the Scrutiny Committee dated 30th November, 2009 invalidating the caste claim of the Petitioner. The Petitioner claims to be "Rajput Bhamta", De-notified Tribe (V.J.N.T.). The Petitioner, amongst other documents, relied on the 3 documents pertaining to his sister, brother, father and other blood relations. The said documents have been discarded as it is noticed that the name of caste of his relations is shown as "Hindu Badgujar". The Petitioner has asserted that the Petitioner had relied on the Marathi Encyclopedia, official version, which inter-alia mentions that "Badgujar" is one of the name adopted by "Bhamte" community. Copy of said Encyclopedia is produced at page No.33 of the paper book. It is specifically averred that this Encyclopedia was produced before the Committee and the Committee was also called upon to examine the efficacy thereof and apply the principles stated therein to the documents pressed into service by the Petitioner. However, the Committee has not considered the efficacy of the said Encyclopedia at all. The fact that the Committee has not considered the said document is fairly accepted by the learned A.G.P. 3. Insofar as the finding of fact recorded by the 4 Committee that the certificates relied by the Petitioner mention the caste of the relations of the Petitioner as "Hindu Badgujar", that finding has not been questioned before us at all. The limited grievance is that taking the said certificates as it is, the Committee was obliged to answer the issue in favour of the Petitioner in view of the official exposition in the Encyclopedia that "Badgujar" is one of the name adopted by the "Bhamte" community. Instead of examining the said aspect for the first time in writ jurisdiction, we deem it appropriate to relegate the Petitioner before the Scrutiny Committee for reconsideration of the matter in this behalf. Needless to observe that if the said interpretation of the Petitioner is to be accepted, the documents which are relied by the Petitioner, genuineness whereof is not in question, would necessarily follow that the Petitioner belongs to "Hindu Badgujar" community, which is part of "Bhamte", de-notified tribes. 5 4. In the circumstances, we are inclined to set aside the impugned decision and remit the matter back to the Scrutiny Committee to re-examine the matter in the light of the observations made in this order. 5. We have noticed that the Committee has also found that the caste certificate of the Petitioner has been fabricated. Our attention is invited to the finding of the vigilance cell at page No.38 of the paper book, which reads to the contrary. The vigilance cell has found the said document on the record, which was available during the verification of the caste claim. Be that as it may, since we are remitting the matter back to the Scrutiny Committee, even the said opinion recorded by the Committee is set aside and will have to be re-considered on its own merits. 6. Accordingly this Petition is made absolute in terms of prayer clauses (B), (C) and (D). The Petitioner shall appear before the Scrutiny 6 Committee on 11th February, 2010 at 11.00 a.m. in the office of the Scrutiny Committee, on which date the Scrutiny Committee may fix the matter for hearing as per its convenience, but shall ensure that the remanded case is finally disposed off, not later than 31st March, 2010. It is made clear that the Scrutiny Committee shall decide the caste claim of the Petitioner on the basis of the record already produced before it by the Petitioner and the vigilance cell. 7. Rule is made absolute on the terms indicated above. . Authenticated copy of this order be supplied to the learned A.G.P. [S.S. SHINDE, J.] [A.M. KHANWILKAR, J.] asb/JAN10/wp189.10