1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4845 OF 2003 Nilesh Basavraj Udda Navin D-16/1, NTPS Colony, Eklahare, Nashik .. Petitioner Versus 1. State of Maharashtra Through the Caste Certificate Scrutiny Committee Nashik 2. The Principal, Sinhagad College of Engineering Vadgaon Budruk, Off. Sinhagad Road, Pune- 41. .. Respondents Mr. Uday Waranjikar, for the petitioners Mr. C.R. Sonawane, AGP, for the respondent no.1 CORAM: V. C. DAGA, & MRS. MRIDULA BHATKAR, JJ. DATED: 24th February, 2009 J U D G E M E N T (Per Mridula Bhatkar, J.) 1. The petitioner has filed this writ petition against the order dated 30.6.2003 passed by the Caste Certificate scrutiny committee, Nashik Division, Nashik declaring his caste certificate invalid. Petitioner belongs to Koshti (Weaver) community which falls in Other Backward Class & Special Backward Category. The petitioner, after HSC Examination in the year 1995, had submitted application for verification of his caste certificate, for securing admission in the Respondent No.2 College on the caste reservation, to the Respondent No.1- Scrutiny Committee. The 2 petitioner produced the original document in support of he belonging to Koshti community. However, the respondent No.1 could not complete the scrutiny within the stipulated period and hence the petitioner submitted certificate of his brother dated 25.1.2000 and on that basis he took admission. 2. The Respondent no. 1 had issued caste certificate in favour of petitioner's brother– Yogesh Basavraj Udda on 25.1.2000 and on the basis of that certificate the petitioner was given admission for Civil Engineering in the College of Respondent No.2 on 27.7.2002. However, the petitioner was required to obtain validity certificate for himself. Vigilance Unit was directed by the respondent no.1 to make enquiry regarding the name and caste of the petitioner and submit the report. The said vigilance committee submitted report on 30.12.2002 reporting that the petitioner belongs to Koshti community. However, the respondent No.1 committee, after verification of the documents and submissions of the petitioner, ultimately on 30.6.2003, was pleased to pass the order holding caste certificate of the petitioner invalid and declared that he does not belong to Other backward and Special Backward category and attached the original certificate 3. Heard learned counsel appearing for the petitioner and also the Government pleader for the Respondent No.1. 4. Upon considering the submissions made on behalf of the parties, we find that the issue is required to be analysed afresh in the light of recent judgement of the Hon'ble Apex Court in 3 the case of Raju Ramsingh Vasave Vs. Mahesh Deorao Bhivapurkar & others, reported in 2009 ( I) MH.L.J . 1 . In the said judgement the Hon'ble Apex Court has ruled that- “Where only because, by mistake or otherwise, a member of the applicant's family had been declared to be belonging to a member of the Scheduled Tribe, the same by itself would not be conclusive in nature so as to bind another committee while examining the case of the other member of the family in some detail.” 5. In view of the above judgement the matter needs to be remanded to the Caste Certificate Scrutiny committee for reconsideration. Petitioner is directed to appear before the Scrutiny committee on 12.3.2009 and the Scrutiny committee to decide the matter within 3 months thereafter. All rival contentions on merits are kept upon. In the result, petition is allowed. Impugned order is set aside. Proceedings are remitted to the Scrutiny committee for consideration afresh. Rule is made absolute in terms of this order with no order as to costs. ( MRIDULA BHATKAR, J.) (V. C. DAGA, J.) jpc/-