1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4926 OF 2008 Bhaskar S/o Limbajirao Anigunte, Age : 25 Years, Occu. : Nil, R/o Ganesh Nagar, Aurad Shahajani, Tq. Nilanga, Dist. Latur. .. .. Petitioner Versus 1. Schedule Tribe Caste Certificate Scrutiny Committee, Through Its Vice Chairman, Kasmira Sadan, Station Road, Aurangabad. 2. Principal Maharashtra Vidyalaya Jr. College of Science, Aurad Shahajani, Tq. Nilanga, Dist. Latur. .. .. Respondents Shri S. M. Kulkarni, Advocate for the Petitioner. Shri U. S. Malte, Advocate for the Respondent No. 1. CORAM : A. P. DESHPANDE, AND N. D. DESHPANDE, JJ. DATE : 11TH MARCH, 2010. 2 ORAL JUDGMENT [Per A. P. DESHPANDE, J. ] : 01. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 02. We have set aside an order passed by Scrutiny Committee in Writ Petition No. 4940/2008 which was filed by the elder brother of the present petitioner. One of the main reason assigned for rejecting the Tribe claim of the present petitioner is that his elder brother's tribe claim has been rejected. As we have set aside the order passed by the Committee against elder brother of the petitioner and remanded the matter to the Scrutiny Committee, we deem it proper to remand the matter of the present petitioner as well for consideration to the Scrutiny Committee. 03. Besides the said reason, there is one more reason as to why we are inclined to remand the matter and the same is that the nephew of the present petitioner by name Shivsagar has been issued a tribe validity certificate. The said validity certificate obtained by the nephews of the petitioner, was not available with the petitioner, hence it could not be produced before the Scrutiny 3 Committee. Having regard to the totality of facts and circumstances, we quash and set aisde the order passed by the Scrutiny Committee dated 16.04.2008 and remand the case of the petitioner with a view to afford reasonable opportunity to put forth the entire material before the Scrutiny Committee. 04. In the result order passed by the Scrutiny Committee dated 16.04.2008 is quashed and set aside. The matter is remanded to the Scrutiny Committee for affording an opportunity of hearing to the petitioner and for decision of his caste claim along with caste claim of his elder brother Sandeep. Notice to the petitioner from the Scrutiny Committee stands dispensed with, as the petitioner has undertaken to remain present before the Scrutiny Committee on 31.03.2010. The petitioner shall co-operate with the committee so that an expeditious decision can be reached. We expect the Committee to decide the tribe claim of the petitioner's brother and that of the petitioner simultaneously. Rule is made absolute in above terms. [ N. D. DESHPANDE, J.] [A. P. DESHPANDE, J.] bsb/Mar.10