1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4111 OF 2009 Awais Ahmed Abdul Shakoor Shaikh, Age-18 years, Occu: Education, R/o-Ali Saheb Mohalla, Behind Chhoti Masjid, Nandurbar. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Principal Secretary of Social Justice Department, Mantralaya, Mumbai. 2) SC, VJNT, OBC & SBC Caste Certificate Scrutiny Committee, Nashik No.2, Having office at Prakash Talkies Chowk, Parola Road, Dhule. 3) State Commission of Backward Classes, Maharashtra State, 3rd floor, New Administrative Building, Opposite Council Hall, Pune-2. ...RESPONDENTS. ... Shri.S.T. Shelke Advocate for Petitioner. Shri.R.P. Phatke, A.G.P. for Respondent Nos. 1 and 2. ... 2 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 28TH JUNE, 2010. ORAL JUDGMENT (PER NARESH H. PATIL, J.) : 1. Heard learned counsel for the parties. 2. The Petitioner had obtained caste certificate (Exhibit A) on 13th September, 2002, wherein the Petitioner's caste was mentioned as "Musalman Teli". The said caste certificate was referred for verification to the Caste Scrutiny Committee. By an order dated 4th June, 2009 the Petitioner's caste claim was invalidated. The Petitioner now placed on record xerox copy of affidavit dated 23rd March 2010, which the Petitioner claims to have filed before the Committee. We have perused the same. In the said affidavit, the Petitioner contends that he would be withdrawing the Writ Petition No.4111 of 2009 pending before the High Court, Bench at 3 Aurangabad. The Petitioner contends that in view of the communication made by the State dated 8th March, 2010 addressed to the Committee, the Committee would issue validity certificate to the Petitioner and therefore the Petition would be withdrawn. 3. The learned counsel for the Petitioner has sought to amend the Petition. By way of amendment the Petitioner placed on record copy of the communication dated 8th March, 2010 sent by Research Officer, State Backward Class Commission, Maharashtra State, Pune, to the Member Secretary, Caste Scrutiny Committee, Dhule/Nashik. 4. It seems that based on such communication and the affidavit filed by the Petitioner, the Committee suo motu took over the file of the Petitioner and by an order dated 30th March, 2010, the Petitioner's caste claim of "Musalman Teli" was validated and the certificate (Exhibit M) was accordingly issued to the Petitioner. 4 5. The original record was called. We have perused the same. We find that the Committee had given reasons by an order dated 30th March, 2010 while granting validity to the Petitioner, by considering the evidence which the Petitioner had led before the Committee. Firstly, the Principal Secretary, Social Welfare Department, Government of Maharashtra will have to consider whether issuing such communications by the Research Officer, State Backward Class Commission directly to the Caste Verification Committees, which are quasi judicial authorities working under the Statute, is reasonable and proper. We do not find that under the Statute or the Rules framed thereunder, such powers are available with the Authorities to address such communication to the Committees, practically directing the Committees to grant validity certificate. 6. In the facts of the case, we find that though present Writ Petition No.4111 of 2009 was 5 not withdrawn till the date, second certificate dated 30th March, 2010 was issued. The Committee has no power to review its earlier order and issue caste validity certificate. On this ground alone, we find that the order passed by the Committee is required to be quashed and set aside and the matter needs to be remanded back to the Committee. We find, in the facts of the case, that the Committee has reviewed its earlier order when the earlier order of invalidation of the caste claim of the Petitioner was under consideration of this Court in the present Writ Petition. 7. The impugned order dated 4th June, 2009 invalidating the caste claim of the Petitioner and the order of validity passed on 30th March, 2010 are quashed and set aside. The matter is remanded back to the Committee. The Committee is directed to hear the Petitioner afresh on the available evidence and pass appropriate order in accordance with law, within EIGHT WEEKS from the date of receipt of this Order. We do not express any 6 opinion on the merits of the caste claim of the Petitioner. 8. Rule is made absolute on the terms indicated above. . The learned A.G.P. to communicate this order to the Principal Secretary, Social Welfare Department, Government of Maharashtra. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JUNE10/wp4111.09