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Judgment
B.P. Dharmadhikari, J.(Oral)—Without prejudice to other contentions available in the matter Advocate H.S. Chitelay submits that the impugned order of Scrutiny Committee dated 22.7.1997 is unsustainable as Committee consisted only of two members. He relying upon the judgment of Hon�ble Apex Court in the case of Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development and others, reported in AIR 1995 SC 94 as modified by later judgment between same parties reported in AIR 1997 SC 2581, submits that the Committee ought to have been consisting of at least 3 members with the designation and status as mentioned in later judgment of Hon�ble Apex Court.
Assistant Government Pleader Shri. D.M. Kale, on the other hand submits that the Committee consisting of responsible officers and constituted as per Government Resolution has looked into the grievance of the petitioner and there is no jurisdictional error. He, therefore, contends that on technical grounds this Court should not interfere.
With the assistance of respective counsel we have perused the impugned order. The petitioner claimed to belong to Schedule Tribe "Rajput Bhamta". She relied upon certain documents and the Scrutiny Committee has looked into those documents. Consideration by Scrutiny Committee reveals that it has not taken assistance of any research officer and there was no vigilance inquiry also. Thus, statements of elderly persons in the family of petitioner have not been recorded.
The impugned order of Scrutiny Committee is after the date of judgments of Hon�ble Supreme Court mentioned supra. Even in the first judgment the Hon�ble Apex Court has pointed out need of associating research officer and need of home inquiry. The composition of Committee is obviously not as directed by the Hon�ble Apex Court.
In State of Maharashtra from 23.5.2001 the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified 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) has come into force. That Act contains the procedure for verification of such caste claim. This Court has while admitting writ petition for final hearing on 17th December, 1997 granted interim relief and stayed the impugned order. That interim order continuous to operate even today.
In this situation interest of justice can be met with by quashing the impugned order and by sending the matter back to the Scrutiny Committee.
Accordingly, order dated 22.7.1997 passed by the respondent No.2 Scrutiny Committee is quashed and set aside.
The matter is placed back before that Committee for its fresh consideration in accordance with law.
We direct the petitioner to appear before that Committee on 4th May, 2016 and to abide by its further instructions in the matter.
The respondent No.2 shall also issue a notice to petitioner for procuring her presence on 4th May, 2016.