JUDGMENT :

GAURI GODSE J.

1. Rule. Learned AGP waives service for Respondent Nos. 1 to 4. Mr Deshmukh waives service for Respondent No. 5. Rule is made returnable forthwith. The petition is taken up for final disposal.

2. This Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, thereby quashing and setting aside the Order dated 7th February 2023 passed by District Caste Certificate Scrutiny Committee, Pune (“Respondent No.2”). By the impugned Order, the claim of the Petitioner of belonging to the “Kunbi” caste is disallowed, and the caste certificate issued to the Petitioner is declared invalid.

3. It is the Petitioner’s case that he belongs to the ‘Kunbi’ caste, which is recognized as the Other Backward Class (“OBC”) in the State of Maharashtra. Hence, he was issued a caste certificate on 18th December 2020 by the Sub-Divisional- Officer, Maval Mulshi sub-division, district Pune. Based on the caste certificate issued to the Petitioner, he had contested the election from Ward No. 4, Gram Panchayat Kasar Amboli, Taluka Mulshi, District Pune, which was reserved for OBC. Petitioner won the election and was elected as a member of the Gram Panchayat. Respondent No. 5, who lost the said election, had filed a complaint before Respondent No.2. Respondent No.2 had initially validated the caste certificate issued to the Petitioner by Order dated 9th April 2021. The said Order of Respondent No.2 was challenged by Respondent No.5 in this Court by filing Writ Petition No. 2045 of 2021. The said Writ Petition was partly allowed on 14th February 2022, the Order passed by Respondent No.2 was set aside, and the matter was remanded back to Respondent No.2 by issuing certain directions. Following are the directions issued by this Court by Order dated 14th February 2022, at the time of remanding the matter back to Respondent No.2.

“9.1. i. “ The impugned order dated 9th April 2021 of the Respondent No.2 - District Caste Certificate Scrutiny Committee, Pune District, Pune stands quashed and set aside;

ii. The Committee is directed to conduct a fresh vigilance inquiry in respect of the claim of the Petitioner about the origin of his cognate ancestors from Village Marunji as also the existence of the Petitioner’s immediate ancestors in village Kasar Amboli by following the due process of law;

iii. Copies of the Vigilance Report and any material that will be relied upon by the Committee shall be given to the Petitioner and/or his Advocate and Respondent No.3-Collector, Pune and/or Advocate for Respondent No.4 before hearing the parties;

iv. The Petitioner's caste validity claim be decided afresh by the Committee after following the due process of law as contemplated by the provisions of the Caste Certificate Rules, 2012 within a period of four weeks from the date of uploading of this order;

v. The Committee shall pass a speaking order after hearing the parties and taking on record the written submissions, if any filed by the parties in accordance with law;

vi. Consequently, the order dated 16th July 2021 passed by the Respondent No.3-Collector, Pune also stands set aside;

vii. All contentions of the parties are kept open.”

4. After the order of remand passed by this Court, Respondent No.2 invalidated the caste certificate of the Petitioner by an Order that is impugned in the present Writ Petition. The learned Advocate appearing for the Petitioner submitted that the directions issued by this Court when remanding the matter back to Respondent No.2 are not at all considered while deciding the validity of the caste certificate of the Petitioner. The learned Advocate submitted that the Petitioner has placed on record various documents in relation to the birth extract from the paternal side of the Petitioner showing the caste as ‘Kunbi’. It is, thus, the submission of the Petitioner that there were documents in support of the caste claim of the Petitioner that he belongs to the ‘Kunbi’ caste. Respondent No.2 has f