1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1140 OF 2010 Shri Raghunath Ramrao Mature, Age 33 years, Occ. Nil, R/o Kabirwadi, Taluka Degloor, District Nanded ..... PETITIONER VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, through its Vice Chairman, Kasmira Sadan, Railway Station Road, Aurangabad. 2. Maharashtra Road Transport Corporation, through Divisional Controller, Raigad ..... RESPONDENT ..... Shri S.M. Kulkarni, Advocate for the petitioner Mrs. A.V. Gondhalekar, A.G.P. for respondents ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 25th June, 2010 ORAL JUDGMENT (PER HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2 2. This petition under Article 227 of the Constitution of India impugns the order of the Scrutiny Committee dated 30.12.2009, by which the Committee invalidated the tribe claim of the petitioner as belonging to Koli Mahadeo – Scheduled Tribe. Though the Committee has referred to certain documents particularly the school registration of the relatives of the petitioner, which shows that their caste was recorded as Hindu Koli and not Mahadeo Koli, the Committee has completely ignored and has not appreciated the evidentiary value of the document which was filed by the petitioner at Sr.No.13 i.e. the order of Judicial Magistrate, First Class, Udgir. Though the aforesaid document is tangently referred to the Committee, there has been no appreciation in respect of the said document particularly the reliability of the said document and the evidentiary value of the said document. Since the said document has not been appreciated by the Scrutiny Committee, we are inclined to allow this petition. 3. We accordingly allow this petition and quash and set aside the impugned order and remit the matter back to the Committee for a decision afresh after appreciating all the material produced by the petitioner. We further direct the petitioner to appear before the Scrutiny Committee on 5th July 2010 and further direct the Committee to decide the tribe claim of the petitioner within three months of 5th July 3 2010. 4. Rule is thus made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)