AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5203 OF 2007 Suryakant Madhukar Kamble ..Petitioner. V/s. State of Maharashtra & Others ..Respondents. Mr.R.K. Mendadkar for the petitioner. Mr.C.R. Sonawane, AGP for the respondent. CORAM : SMT.RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 6TH FEBRUARY, 2009. P.C. : 1. Rule. Learned counsel for the Respondents waives service on behalf of the respondents. By consent, taken up for final hearing forthwith. 2. The petitioner claims to belong to Mahadeo Koli Scheduled Tribe. The petitioner has challenged order dated 28-3-2007 passed by the Scheduled Tribe Certificate Scrutiny Committee, Pune Region, Pune invalidating his caste claim. We have heard Mr.Mendadkar, learned counsel for the petitioner and Mr.Sonawane, AGP for the respondents. Mr.Mendadkar contended that the petitioner’s brothers Ulhas and Laxmikant have been issued caste validity certificates by the Committee for Scrutiny & Verification of Tribe Claims, Maharashtra State, Pune certifying that they belong to Mahadeo Koli, Scheduled Tribe. He submitted that the petitioners paternal aunt Suman Dattatreya Kamble has also been issued caste validity certificate certifying that she belongs to Mahadeo Koli, Scheduled Tribe vide order dated 11-2-2008 by the Scheduled Tribe Certificate Scrutiny Committee, Pune Region, Pune. He submitted that in view of these admitted facts, the Scrutiny Committee erred in invalidating the petitioner’s caste claim. 3. Affidavit has been filed by Raosaheb Dagduji Kandekar, Research Officer, Scheduled Tribe Caste Certificate Scrutiny Committee, Pune. Paragraph 6 of the said affidavit, reads thus : "I therefore submit that the present Petitioner appears to be entitled to be declared as Mahadeo Koli Scheduled Tribe as his close relatives Ulhas Madhukar Kamble and Laxmikant Madhukar Kamble and Smt.Suman Dattatreya Kamble have been declared as Mahadeo Koli Scheduled Tribe by the Scrutiny Committee." 4. In view of the above admitted position and in view of the affidavit filed by Raosaheb Dagduji Kandekar, Research Officer, Scheduled tribe Caste Certificate Scrutiny Committee, the impugned order dated 28-3-2007 must be set aside and is accordingly set aside. 5. The Caste Scrutiny committee is directed to issue certificate of validity in respect of Caste Certificate dated 27-12-2006 issued by Respondent No.4 in favour of the petitioner within a period of four weeks from today. 6. The writ petition is disposed of in aforestated terms. (Judge) (Judge)