JUDGMENT :

R.D. Dhanuka, J.

Heard the learned counsel for the petitioner. He states that no relief against respondents no. 3 and 4 are pressed as on date and seeks liberty to delete respondents no. 3 and 4 from the cause title of the petition and also prayer clause ‘C’.

2. Rule. The learned A.G.P. waives notice for respondents no. 1 and 2. Rule is made returnable forthwith. Heard finally with consent of the parties.

3. By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 17.12.2019 passed by the respondent No. 2 – the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, (hereinafter, referred to as ‘Scrutiny Committee), thereby invalidating the caste claim of the petitioner. The petitioner also seeks declaration that he belongs to Thakur Scheduled Tribe and also seeks a direction against the Scrutiny Committee to issue caste validity certificate in favour of the petitioner.

4. It is case of the petitioner that the petitioner belongs to Thakur, Scheduled Tribe. On 12.09.2014, the petitioner applied for the caste certificate as ‘Thakur Scheduled Tribe’ to the Sub-Divisional Officer, Aurangabad. The said application, however, was rejected by the Sub-Divisional Officer. The Sub-Divisional Officer directed the petitioner to obtain caste certificate from Washim District by order dated 03.01.2015. Against the said order dated 03.01.2015, the petitioner preferred an appeal before respondent no.2 – Committee on 04.03.2015. During the pendency of the Appeal before the Committee, the petitioner approached this Court by filing Writ Petition No.4803 of 2015 inter alia praying for a writ of Mandamus to direct the respondent no.2 to decide the Appeal filed by the petitioner expeditiously. This Court by order dated 27.04.2015 directed the Scrutiny Committee to decide the appeal within three months.

5. The petitioner preferred Writ Petition No.7193 of 2015 for quashing and setting aside the order dated 03.01.2015 passed by the Sub Divisional Officer, Aurangabad, rejecting the application of the petitioner for issuance of Tribe Certificate. This Court on 20.07.2015 directed the Sub Divisional Officer, Aurangabad to issue tribe certificate in favour of the petitioner. On 21.07.2015, the Sub Divisional Officer issued a tribe certificate in favour of the petitioner as ‘Thakur Scheduled Tribe’. The petitioner thereafter applied for verification of his tribe claim to the respondent no. 2 – Committee and submitted all required documents. On 14.10.2019, respondent no.2 Committee referred the tribe claim of the petitioner to the vigilance cell for conducting enquiry. After issuance of the report of the vigilance cell, respondent no.2 Scrutiny Committee issued show cause notice dated 14.10.2019 thereby asking the petitioner to submit a reply and appear before the Committee for hearing on 22.10.2019. By order dated 17.12.2019, the respondent no. 2 – Committee invalidated the tribe claim of the petitioner without considering the documents on record. Hence, petitioner filed this petition.

6. Learned counsel for the petitioner invited our attention to the documents annexed to this petition and also the impugned order passed by respondent no. 2 Scrutiny Committee invalidating the tribe claim of the petitioner. It is submitted that though the petitioner had produced the documents issued by Head Master, J.C. High School Karanja, Primary School Certificate dated 07.03.1949 in favour of grandfather of petitioner, Transfer Certificate dated 18.06.1948 issued in favour of grandfather of petitioner showing caste recorded as Thakur, the respondent No.2 totally overlooked the documents of prior to 1950.

7. It is submitted by the learned counsel that, the Scrutiny Committee has rejected tribe claim of the petitioner also on the ground that the petitioner’s original place of residence was not included in the Scheduled Area. It is submitted that once area restriction is already removed by the Parliament b