(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2317 OF 2007 Purushattam s/o. Rajaram Suryawanshi, Age : 50 years, Occupation : Agriculture, R/o. Takali (PD.), Taluka : Chalisgaon, District : Jalgaon. .. Petitioner. versus 1] The Divisional Caste Certificate Scrutiny Committee, Divisional Social Welfare Officer, Nasik Division, Nasik. 2] The Nayeb Tahsildar, Tahsil Office, Chalisgaon, District : Jalgaon. 3] The State of Maharashtra, Through Primary Secretary of Social Justice, Culture and Sports Department, Mantralaya, Mumbai - 32. .. Respondents. .......................... Mr. P.B. Patil, Advocate, for the petitioner. Mr. B.L. Sagar Killarikar, Advocate, for respondent no.1. Mr. N.B. Patil, Assistant Government Pleader, for respondent nos.2 and 3. .......................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 5TH AUGUST 2009. COURT'S ORDER (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner challenges the order dated 10th April 2003, passed by the respondent no.1 i.e. Divisional Caste Certificate Scrutiny Committee, Nasik Division, Nasik, thereby invalidating the caste claim of the petitioner as belonging to "Kunbi" which is recognized as Other Backward Class. 3. It appears that the petitioner, who claim to be belonging to "Kunbi" caste, applied to the Sub-Divisional Officer, Pachora, for grant of caste certificate. The same was granted on 22nd May 1998. The claim of the petitioner was referred to the respondent no.1 Committee for verifying the same. The same is rejected by the impugned order. 4. It is the contention of the petitioner, that though he had sought to place on record copies of the registered mortgage deeds before the respondent no.1 Committee, the members of the respondent no.1 Committee had thrown the said documents on the face of the petitioner and uttered that they were not bound to take into consideration every document filed by the petitioner. 5. Mr. B.L. Sagar Killarikar, learned Counsel appearing for (3) respondent no.1 Committee, submits that the verification was done in the year 2003 and it is difficult to counter the said submission. He, however, submits that the petition is filed belatedly i.e. after a period of four years from the date of the impugned order and, as such, cannot be entertained. 6. In so far as objection regarding delay is concerned, the petitioner has stated in the petition, that after criminal prosecution was launched against him and that too, without any show cause notice to him, his mental condition had become imbalanced and, therefore, he could not approach this court expeditiously. 7. We find that the claim of the petitioner should not be rejected merely on the ground that the petitioner had not given justification for the delay in approaching this court. Without going into the controversy, as to whether the members of the respondent no.1 Committee were justified in not allowing the petitioner to place the documents on record, we find that it would be in the interest of justice, that the matter is remitted back to the respondent no.1 Committee for decision afresh in accordance with law. 8. In the result, the petition is partly allowed. (i) The impugned order dated 10th April 2003, passed by the respondent no.1 i.e. Divisional Caste Certificate Scrutiny Committee, Nasik Division, Nasik, thereby invalidating the caste claim of the petitioner, is quashed and set aside. The matter is remitted back to the respondent no.1 Committee for giving decision afresh in accordance with law. (4) (ii) The respondent no.1 Committee shall consider claim of the petitioner afresh by permitting him to place on record the documents he intends to submit in support of his claim. (iii) The petitioner shall appear before the respondent no.1 Committee on 18th August 2009 and, as such, requirement of formal notice shall stand waived. 9. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp2317