Oral Judgment: (B.P. Dharmadhikari, J.)

1. None for the petitioner. Shri A.S. Fulzele, learned Assistant Government Pleader is present for respondent Nos.1 and

2. The matter pertains to caste claim and this Court has not granted any interim order to the petitioner. The petitioner then aged about 25 years had sought validity as 'Mahadeo Koli, Scheduled Tribe' candidate. Basic certificate is issued to him by the Executive Magistrate, Daryapur, District Amravati on 26.6.1984. The said certificate and tribe claim was invalidated by first authority viz. the Scheduled Tribe Certificate Committee, Maharashtra State, Pune on 04.05.1986. As per the procedure then prevailing, petitioner assailed this adjudication by filing an appeal before the respondent no.2. Respondent no.-2 Additional Commissioner has dismissed that appeal on 07.08.1993.

2. Shri Fulzele, learned Assistant Government Pleader appearing on behalf of respondent Nos.1 and 2 has sought time to assist the Court as relevant records are not with him. However, on legal issues, he has invited our attention to 2003 (4) Mh.L.J. 781 (Raju vs. Establishment Officer, MSEB) and 2008 (1) Mh.L.J. 314 (Deepak Shriram Kale vs. State of Maharashtra and others). We find it appropriate to refer to these judgments little later.

3. The facts noted by us above show that the adjudication by respondent no.3 Committee or by the Appellate Authority is prior to 02.09.1994 i.e. the date on which the Hon'ble Apex Court delivered the judgment reported in AIR 1995 SC 94 (Kum. Madhuri Patil vs. State of Maharashtra). By the said judgment, for the first time the Hon'ble Apex Court evolved a scientific procedure for proper verification of such claims. The composition of a Committee, Association of Research Officers with it and opportunity to be given to such candidate after receipt of Police Vigilance report, are some of the important features in the said judgment. The composition of committee, as laid down therein has been slightly altered by later judgment in the year 1997. However, that aspect is not very relevant before us.

4. After this judgment and during the pendency of the present Writ Petition, the State of Maharashtra has from 23.05.2001 brought into force the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, (Act No.23 of 2001). The Maharashtra Scheduled tribe (Regulation of Issuance and Verification of) Caste Certificate Rules, 2003 have been framed by the State Government through its Tribal Development Department on 04.06.2003 under this Act. Perusal of said 2001 Act and 2003 Rules is, essential.

5. Section 2[b] of the above Act defines 'Competent Authority' and it also includes and envisages an Authority competent to issue caste certificate prior to coming into force of the said Act. The provisions of Section 2[k] define 'Scrutiny Committee' as a Committee constituted under Section 6[1] of the said Act. In contradistinction, it is important to note that this provision does not recognize any earlier Scrutiny Committee or similar authority or even the appellate authority constituted under a government notification or any circular or other instrument and does not cover it within its sweep . Section 4 stipulates that the caste certificate needs to be issued by the competent authority only. Sub-section [2] of Section 4 mandates that such caste certificate issued by the competent authority shall be valid only subject to its verification and grant of a validity certificate by the Scrutiny Committee. Section 6 prescribes the procedure for verification of caste certificate by the Scrutiny Committee. These provisions and consequentially Act 23 of 2001, therefore do not tolerate validity given by any other authority as legal and binding for any purpose.

6. These provision therefore, show that though a caste certificate m