IMPORTANT POINT
Caste Certificate Scrutiny Committee consisting of two members only is not a valid Constitution of Committee.

ORDER

Leave granted.

2. Heard the learned counsel for the parties.

3. The petitioner filed a writ petition before the High Court of Bombay, Bench at Aurangabad, challenging the Order dated 11.2.1998 passed by the Caste Certificate Scrutiny Committee (respondent No. 4). The writ petition was rejected summarily by the Division Bench of the High Court by the impugned order. That order is challenged in this appeal.

4. In the affidavit in reply filed by the respondents, it has been pointed out that respondent No. 1 firstly constituted Caste Certificate Scrutiny Committee consisting of two members only. Hence, the constitution of the Committee was not in accordance with the decision rendered by this Court in Madhuri Patil (Kumar) v. Addl. Commissioner Tribal Development1. Thereafter, the State Government has constituted a new Committee consisting of three members. In this view of the matter, the impugned order passed by respondent No. 4, the Caste Certificate Scrutiny Committee is required to be set aside and is accordingly set aside. The appeal is allowed accordingly. No order as to costs.

5. The Caste Certificate Scrutiny Committee, Aurangabad is directed to decide afresh whether the caste certificate granted by the Executive Magistrate and confirmed by the District Magistrate, Aurangabad by his order dated 18.11.1995 was justified. The Committee is directed to pass appropriate order within three months from the date of the receipt of the order.

Appeal allowed.

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Parallel Citations of other Journals :

Baswant v. State of Maharashtra & Ors., 2001(4) Supreme 461 : 2001 (10) JT 280 : 2001 (2) SCSLJ 147

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