1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4021 OF 2010 MOTIRAM MARUTI TAWARE AGE : 42 YEARS, OCC. LABOUR R/O : KAKADHIRA, TQ PATODA DIST. : BEED .....PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGABAD AURANGABAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD. 4. THE COLLECTOR, BEED. .... RESPONDENTS 2 Mr. D.J.Choudhari, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. WITH WRIT PETITION NO. 4028 OF 2010 MADHUKAR DAGDU SONWANE AGE : 50 YEARS, OCC.; LABOUR R/O :KAKADHIRA, TQ PATODA DIST. : BEED .....PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGBAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED. .... RESPONDENTS WITH WRIT PETITION NO. 4029 OF 2010 BABURAO GANGABAI KADAM AGE : 35 OCC. AGRICULTURE R/O : UKANDA ,TQ. PATODA DIST. : BEED .....PETITIONER 3 VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGBAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED. .... RESPONDENTS WITH WRIT PETITION NO. 4030 OF 2010 SOW REVATA ANIL JAYBHAYE AGE : 26 OCC. HOUSEHOLD R/O :KAKADHIRA, TQ. PATODA DIST . :BEED .....PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGABAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD 4 THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED. .... RESPONDENTS WITH WRIT PETITION NO. 4031 OF 2010 KAILAS NAMDEO WAGHMARE AGE : 31 OCC. AGRICULTURE R/O : UKANDA ,TQ .PATODA DIST. : BEED .....PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGBAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD. 4. THE COLLECTOR, BEED. .... RESPONDENTS WITH WRIT PETITION NO. 4032 OF 2010 MAHADEOL VISHNUPANT JAYBHAYE Age : 30, OCC. SERVICE, R/O : KAKADHIRA, TQ. PATODA DIST. : BEED .....PETITIONER 5 VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURNAGABAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED. .... RESPONDENTS WITH WRIT PETITION NO. 4033 OF 2010 SOW LALITA KAILAS WAGHMARE Age : 24 , OCC. : HOUSEHOLD, R/O : UKANDA, TQ. PATODA , DIST BEED .....PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGBAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, 6 AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED .... RESPONDENTS WITH WRIT PETITION NO. 4034 OF 2010 SOW SINDHUBAI DADASAHEB JAYBHAYE Age : 51 , OCC. HOUSEHOLD, R/O : KAKADHIRA,TQ. PATODA , DIST. : BEED .....PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGABAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED. .... RESPONDENTS WITH WRIT PETITION NO. 4035 OF 2010 SOW ASMITA MAHADEO JAYBHAYE Age : 27, OCC. SERVICE, R/O : KAKADHIRA, TQ. PATODA DIST. : BEED .....PETITIONER VERSUS 7 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGBAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3. THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED. .... RESPONDENTS WITH WRIT PETITION NO. 4036 OF 2010 SOW GANGABAI DHONDIBA KADAM Age : 60, OCC. HOUSEHOLD, R/O :UKANDA, TQ .PATODA , DIST .: BEED .....PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH GP HC AURANGBAD AURANGBAD 2. THE PRINCIPAL SECRETARY, SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT, MANTRALAYA, MUMBAI 3, THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO. 1, AURANGABAD DIVISION, AURANGABAD THROUGH RESEARCH OFFICER, AND MEMBER SERETARY, AURANGABAD 4. THE COLLECTOR, BEED .... RESPONDENTS 8 Mr.D.J. Choudhari, Advocate for petitioners. Mr. N.B.Khandare, Govt. Pleader and Mr. S.V.Kurundkar,Mr.K.J.Ghute Patile, Mr. S.K.Tambe, Mr. S.K.Kadam, Mr. K.G.Patil, Assistant Govt. Pleaders for State. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 03/05/2010 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, these petitions are heard finally at the stage of admission. 2. Since all these petitioners pray for similar relief, all these petitions are decided by this common Judgment. 3. We have heard Mr. D.J. Choudhari, learned counsel for the petitioners and learned Govt. Pleader on behalf of respondent nos. 1 to 4. The petitioners by these petitions pray for issuance of writ directing respondent no. 3 – Divisional Caste Certificate Scrutiny Committee, Aurangabad to decide their caste claims. 4. It appears that the elections of village panchayat Kakadhira came to be declared and accordingly the elections are scheduled to be 9 held some time in August, 2010. As per the relevant Govt. Resolution, the Collector is required to forward the caste certificate of those aspiring candidates seeking to contest in the election for verification. Unfortunately, there was delay from the office of the Collector in forwarding the said caste certificates to the respondent – Scrutiny committee. Since time at the disposal of the Committee was owefully inadequate, the Scrutiny Committee returned back the said proposals to the Collector. The Collector accordingly requested the Govt. to extend the period which was specified under the Govt. Resolution for referring the certificates to the Scrutiny Committee. However, we are informed by the learned counsel for the petitioner that the said representation forwarded by the Collector is still pending. 5. The petitioners claim to be candidates aspiring to contest in the forth coming election. We are quite aware that the time at the disposal of the Committee would be extremely limited for deciding the caste claims of the petitioners as well as other similarly circumstanced persons. We , therefore, requested the learned Govt. Pleader to obtain instructions from the respondent – Scrutiny Committee as to whether it would be possible for the Committee to decide the caste claim of the petitioners and other similarly circumstanced persons by end of July, 2010. The learned Govt. Pleader has stated before us that the Scrutiny Committee despite the herculean task involved, has communicated its decision of deciding the caste claims of the petitioners and others by the 10 end of July, 2010. We really appreciate the efforts and the sincerity with which the Committee has proposed to embark upon this herculean task of deciding the caste claims of the petitioners and others which would be 130 in number by the end of July, 2010. 6. We accordingly allow these petitions and direct the Collector to forthwith forward the proposals of the petitioners to the respondent – Scrutiny Committee and further accept the statement of the Scrutiny Committee that the caste claims of the petitioners and others would be decided by the end of July, 2010 in order to ensure that the petitioners co-operate with the Committee, we direct the petitioners to appear before the Scrutiny Committee on 21/5/2010. The learned counsel for the petitioners has undertaken on behalf of the petitioners that the petitioners would co-operate with the Scrutiny Committee and ensure that the Scrutiny Committee is able to decide the caste claims by the end of July, 2010. 7. Rule is thus made absolute on the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 4021...............10 ( J ) 11