1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 1501/2011 (Kirankumar R. Nimje .vs. State of Mah. And others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.K. Kulkarni, Advocate for Petitioner. Mr. J.B. Jichkar, AGP for Respondents no. 1,2,4,5,6 and 8. Mrs. S.W. Deshpande, Advocate for Respondent no.5. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JUNE 17, 2011 Heard. It is admitted position that appeal against rejection of issuance of caste certificate is to be looked into by respondent no.8- Committee. It is not in dispute that impugned order dated 26.8.2010 passed by respondent no.9 – Joint Commissioner and Vice President of that Committee appears to have been passed by that Officer individually. Mr. Kulkarni, learned counsel for the petitioner contends that appeal papers were not even accepted by that Officer and have been returned back to the petitioner. As we find that the appeal has not been considered by the Committee, the impugned order dated 26.8.2010 is void and inoperative. The petitioner has to file the appeal before the Committee in 2 accordance with the law. The petitioner is given liberty to file such appeal within a period of two weeks’ from today with appropriate application explaining the circumstances resulting in delay. After receipt of such appeal, respondent no.8 -Committee shall consider the same on its own merit as early as possible and in any case within further period of two months thereafter. Writ petition is partly allowed. No costs. Liberty to the petitioner to move for appropriate orders if occasion therefor arises. JUDGE JUDGE halwai