1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4717 of 1999 Poonam Shamsingh Jarwal, Aged 18 years ( completed) Occ.Education, r/o. Raja Rani Apartment, Padampura, Aurangabad. ...PETITIONER VERSUS 1. The State of Maharashtra. 2. The Caste Certificates Scrutiny Committee (through its Chairman and the Divisional Social Welfare Officer), Aurangabad Division, Aurangabad. 3. The Tahsildar and the Taluka Executive Magistrate, Jafrabad, Dist. Jalna. 4. The Maharashtra University of Health Sciences ( through its Registrar) Gangapur Road, Nashik. ...RESPONDENTS ... Mr.U.R.Awate, Adv., h/f Mr. S.B.Talekar, Adv., for the petitioner. Mr. S.N.Kendre, AGP for respondent State. ... 2 CORAM:B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE:18-8-2010 *** PER COURT : (Per S.V.Gangapurwala, J.) 1. The petitioner assails the order of the Caste Scrutiny Committee, Aurangabad Division, Aurangabad, dt.14th Sept.,1999, thereby invalidating the caste claim of the petitioner as belonging to Rajput Bhamta Vimukta Jati category. 2. The caste certificate of the petitioner was sent to respondent no.2 Scrutiny Committee for verification through the Principal, Deogiri College of Commerce, Arts and Science, Aurangabad. 3. The Caste Scrutiny Committee invalidated the caste claim vide the impugned order. 4. Shri Awate, learned Counsel for the petitioner, contended that the caste certificate of the real brother of the petitioner has been validated by the Caste Scrutiny Committee, Aurangabad, i.e. respondent no.2 Committee itself vide its order dt.3rd April, 1998. On perusal of the judgment of the Scrutiny Committee, it is manifest that no detailed reasonings are given. Even in the judgment of the Scrutiny Committee, 3 there does not appear any contra evidence except that in the school record of the petitioner's father, the caste is recorded as Rajput whereas the petitioner has produced the caste certificate of his own and of his relatives. Moreover, the most clinching evidence would be the validity certificate issued in favour of the real brother of the petitioner. The said validity certificate has not been dealt with by respondent no.2 Committee. 5. It would be irony that the real brother is held to be belonging to Rajput Bhamta Vimukta Jati category and the younger sister would not be belonging to the same caste. 6. In the light of the above, we quash and set aside the impugned order and direct respondent no.2 Committee to issue validity certificate in favour of the petitioner as belonging to Rajput Bhamta Vimukta Jati caste within a period of three months from today. Rule made absolute, however, with no order as to costs. (S.V.GANGAPURWALA) (B.R.GAVAI) JUDGE JUDGE agp/4717-99wp