1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2283/2007 Smt.Shaikh Najmunisa W/o Najir Ahmed Age 55 years, Occ-Social Work R/o Kundalwadi, Tq. Billoli, Dist.Nanded. .. PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Social Justice Department Mantralaya, Mumbai-400 032. 2. The Sub Divisional Officer Degloor, Tq. Degloor, Dist.Nanded. 3. The Divisional Caste Scrutiny Committee Aurangabad Division No.3 Latur Division, Latur. 4. The Collector, Nanded Dist.Nanded. 5. The Chief Officer Municipal Council, Kundalwadi Tq. Billoli, Dist.Nanded. .. RESPONDENTS. 2 ... Shri G.O.Wattamwar,Adv.for petitioner Shri S.K.Kadam,A.G.P. for 1 to 4. Shri B.L.Sagar Killarikar,Adv.for R.5 ... CORAM : B.R.GAVAI & R.K.DESHPANDE,JJ. DATE : 21/07/2009 ORAL JUDGMENT [PER GAVAI,J.] : Rule. Rule made returnable forthwith. With the consent of the parties, petition is heard finally at the stage of admission. 2. The petitioner challenges the order passed by the scrutiny committee dated 4/4/2007 vide which claim of the present petitioner of belonging to Momin-O.B.C. has been invalidated. 3. Shri Wattamwar, learned counsel appearing on behalf of petitioner submits that the respondent no.3 scrutiny committee has not considered the material on record in its correct perspective. He submits that though on an affidavit of the son of the cousin of the petitioner, the geneology which shows the relationship between the petitioner has been proved, the said affidavit has not been considered. 4. He therefore, submits that since the near relative’s claim has been validated, claim of the petitioner also ought to have been 3 validated. 5. Shri Sagar-Killarikar, learned counsel for respondent no.5 on the contrary submits that petitioner has not placed the geneology on record. He submits that the geneology placed on record by some other person cannot be taken into consideration for deciding the claim of the petitioner. He therefore, submits that the Committee has rightly rejected claim of the petitioner. 6. Perusal of the document at Sr.No.3, which is considered by the scrutiny committee, would reveal that it is an affidavit filed by one Shaikh Mohammad Sajid Mohammad Abdul Wahab, who according to the petitioner is son of her first cousin. The said document has been discarded by scrutiny committee on the ground that the geneology has not been placed on record by the petitioner alongwith his affidavit. From the perusal of the said document, it would reveal that the geneology is very much placed on record. We find that the said document has not been considered by the committee in its correct perspective. The impugned order is therefore, quashed and set aside. The matter is remitted back to the respondent committee for considering claim of the petitioner afresh. The committee shall consider claim of the petitioner in the light of the aforesaid observations. It is further made clear that the petitioner would also be at liberty to file her own affidavit pointing out the geneology so as to 4 establish her relationship with the relatives whose claim has already been validated. The petitioner would also be at liberty to produce further evidence in support of her claim. 7. The petitioner to appear before the respondent no.3 Committee on 3 rd August 2009. The Committee shall decide the claim of the petitioner within a period of 3 months from the date of appearance. Interim relief granted by this Court shall continue to operate till the decision by the Committee on remand. We make it clear that we have not considered the matter on its own merits but have set aside the order, as in our view the Committee has not considered the claim in its correct perspective. 8. Rule is made absolute in the above terms with no order as to costs. [R.K.DESHPANDE] [B.R.GAVAI] JUDGE JUDGE umg/wp2283-07