1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5311 OF 2010 Shaikh Abdul Moiz s/o Shaikh Abdul Samad, Age 26 years, Occupation student, Resident of Galibnagar, Darga Road, Parbhani ... PETITIONER VERSUS 1. The State of Maharashtra, through Government Pleader, High Court, at Aurangabad. 2. Caste Certificate Scrutiny Committee No.2, through its Secretary, Latur Division, Latur. 3. Caste Certificate Scrutiny Committee, through its Member/ Secretary, Aurangabad Division, Aurangabad ... RESPONDENTS ..... Mrs. A.N. Ansari, Advocate for the petitioner Mrs. A.V. Gondhalekar, A.G.P. for respondents ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 21st June, 2010 ORAL JUDGMENT (PER HARDAS, J.) 2 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at this stage. 2. Some time in the year 2001, the caste claim of the petitioner was forwarded to the respondent/ Scrutiny Committee, on transfer from Aurangabad Committee to the Committee at Latur, for deciding the caste claim of the petitioner, as belonging to Chaparband – V.J.N.T. category. The aforesaid proceedings were pending and when the petitioner requested the Latur Committee to transfer the claim to the Committee at Aurangabad, since the petitioner was residing at Aurnagabad, the Committee at Latur, by its letter dated 18.8.2009, returned back the original certificates. We highly deprecate this practice of the respondent/ Scrutiny Committee to decide whether the petitioner had the necessity of getting the caste certificate validated or not. Meanwhile, the real sister of the petitioner has been issued with the validity certificate as belonging to Chaparband – V.J.N.T. 3. We, therefore, quash and set aside the impugned communication dated 18.8.2009 and by allowing the petition, further direct the petitioner to appear before the Committee at Latur on 3 12/7/2010 and to re-tender the certificates which have been sent back by the Latur Committee, to the Committee at Latur. The respondent/ Scrutiny Committee at Latur shall decide the caste claim of the petitioner within six months of 12/7/2010 in accordance with law. If the Committee at Latur feels it expedient and necessary to transfer the claim to the Committee at Aurangabad, the Latur Committee would be free to transfer the said claim. However, the proposal of transfer, if any, to be passed expeditiously so that the Committee at Aurangabad, upon, transfer, can decide the claim within six months. Orders of this Court ought to be followed scrupulously by the respondent/ Scrutiny Committee. 4. Rule is thus made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)