1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2400 of 1994 Kumari Pratima d/o. Gnyanoba Palekar Aged 17 years, Minor U/G of her father Gnyanoba s/o. Hullaji Palekar Aged 44 years, Occ. Service, R/o. Pala Taluka Mukhed, District Nanded, at present Jangamwadi, Nanded. Petitioner Versus 1] The State of Maharashtra 2] /The Dy. Director (Research) and Chairman, Scheduled Tribes Caste Certificate Scrutiny Committee, Adivawsi Vikas Bhavan, Old Agra Road, Nasik. 3] The Dean, Medical College, Aurangabad. 4] The Director, Medical Education Research, 4th Floor, Dental Building St. George Hospital, Bombay-1. Respondents Mr. Ramchandra S. Patil, Advocate holding for Mr. D.N. Suryawanshi, Advocate for the petitioner Mr. N.B. Patil, AGP for the respondent No.1, 3 and 4. Mr. U.S. Malte, Advocate for the respondent No.2 CORAM : B.R. GAVAI & S.V. GANGAPURWALA,JJ. DATE : 18TH JUNE, 2010. 2 ORAL JUDGMENT { PER S.V. GANGAPURWALA,J.] : 1] The present petition takes exception to the order dated 22nd July, 1994 passed by the respondent No.2 Committee. The caste claim of the petitioner as belonging to “Mannerwarlu” Scheduled Tribe was referred to the respondent No.2 committee for validation. The respondent No.2 committee, vide the impugned order, has invalidated the caste claim of the petitioner, as belonging to “Mannerwarlu” Scheduled Tribe. 2] The committee did not find any contra evidence, but had opined that the documents of the petitioner are of recent origins and as such, the same cannot be relied upon and a document pertaining to her father i.e. school admission register, is silent about the caste status. In respect of the service book record, it was observed by the committee that the caste of the father of the petitioner is yet to be scrutinized and that the certificate and affidavits are issued in a very casual manner. 3] It is pertinent to note that the caste certificate of the father of the petitioner has been validated by the committee and a validity certificate has also been issued in favour of the father of the petitioner on 15/4/2005. So also, the caste certificate of the real brother of the petitioner has also been validated by the committee and the said certificate of validity has been issued in favour of the real brother of the petitioner on 20th May, 1998. 3 4] In view of the fact that the caste certificate of the real brother and father of the petitioner have been validated, the caste certificate of the petitioner as belonging to the same caste, also requires to be validated, particularly when, the scrutiny committee itself had not found any contra evidence regarding the caste of the petitioner and further, in the judgment of the committee, it had observed that the caste certificate of the father is not yet scrutinized. Now, in view of the fact that the caste certificate of the father has been scrutinized and validated, we allow the petition and set aside the impugned order. 5] The writ petition is allowed. The respondent No.2 committee is directed to issue a validity certificate in favour of the petitioner as belonging to “Mannerwarlu” Scheduled Tribe. Rule made absolute in above terms, with no orders as to costs. [S.V. GANGAPURWALA,J.] [B.R. GAVAI,J.] grt/wp