1 wp2354.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2354 OF 2009 Ankush s/o Nago Ladke, Age: 33 years, Occ: Service, working as Assistant Teacher, R/o. N-12, ED-14/2, Bharatmata Nagar, HUDCO, Aurangabad. ...PETITIONER VERSUS 1. Scheduled Tribe Scrutiny Committee, Through Member Secretary, Kasmira Sadan, Station Road, Aurangabad. 2. Aurangabad Municipal Corporation, Aurangabad, through Commissioner. ...RESPONDENTS WITH CIVIL APPLICATION NO. 4922 OF 2010 ... Mr. S.M. Kulkarni, Advocate for the petitioner. Mr. R.P. Phatke, Advocate for respondent No.1. ... CORAM: SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATE : 29TH MARCH, 2011 2 wp2354.09 ORAL JUDGMENT : [SMT. NISHITA MHATRE, J.] Rule. Rule made returnable forthwith. By consent heard finally. 2. The grievance of the petitioner in the present petition is that the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad (For short, "the Scrutiny Committee") which decided the validity of the petitioner's tribe claim, has passed an incorrect order. According to the petitioner, the Scrutiny Committee has mentioned that the petitioner's school records indicate that he belonged to the 'Koli' community, whereas, in fact the school records show that the petitioner has mentioned that he belongs to 'Mahadeo Koli' community. 3. Obviously, this is an incorrect finding of the Scrutiny Committee. Apart from this, the petitioner has produced his father's school leaving certificate alongwith the Civil 3 wp2354.09 Application No.4922 of 2010. This certificate which has been issued on 10-12-2009, indicates that the father of the petitioner also belongs to 'Mahadeo Koli' community. 4. In our opinion, therefore, it would be appropriate to remand the proceedings back to the Scrutiny Committee. 5. The decision of the Scrutiny Committee dated 07-01-2009 is set aside. The Scrutiny Committee will rehear the petitioner and decide the tribe claim afresh. While deciding the same, the Scrutiny Committee will also take into consideration the certificate issued by the school in which the petitioner's father studied indicating that he belongs to the 'Mahadeo Koli' community. We, however, make it clear that merely because this certificate is to be taken into consideration it does not in any way reflect that we have accepted the petitioner's tribe claim. 4 wp2354.09 6. The petitioner shall appear before the Scrutiny Committee on 18-04-2011 at 11-00 a.m. The Scrutiny Committee to pass the orders within six months from today. 7. Rule made absolute as indicated above. 8. In the light of the disposal of the Writ Petition, the Civil Application is also disposed of accordingly. sd/- sd/- [S.S. SHINDE, J.] [SMT. NISHITA MHATRE, J.] sut/Mar11/wp2354.09