ROSHAN UTTAM RAI Vs. SOMNATH SHIVNATH BADADE

JUDGEMENT

(1.) The above Petition takes exception to the order 4th August, 2008 passed by the respondent No. 2-Caste Scrutiny Committee, Nasik by which order the caste claim of the respondent No. 1 as belonging to Mahadev Koli Scheduled Tribe has been validated. The said order has been challenged inter alia on various grounds as mentioned in the above Petition but principally on the ground that certain documents which were pre-constitutional relating back to the year 1920 and there abouts have not been considered in the proper perspective as well as on the ground that the affinity test has not been conducted in the manner as enunciated by the Full Bench of this Court in the judgment in the matter of Shilpa Vishnu Thakur vs. State of Maharashtra and ors., 2009 3 MhLJ 995 Para-40 thereof is relevant and the same is reproduced hereinunder :

(2.) We have with the assistance of the learned counsel for the petitioner and the learned counsel for the respondent No. 1 perused the impugned order. We are satisfied that the matter requires to be remanded back for a de novo consideration in view of the fact that certain vital material produced by the petitioner has not been considered in its proper perspective as well as the affinity test has not been conducted in the manner as contemplated in the judgment (supra). Since both the learned counsel for the petitioner and the respondent No. 1 on instructions of their respective clients are agreeable for de novo consideration of the matter on a remand made to Caste Scrutiny Committee, we are not required to give detailed reasons for remanding the matter back to the Caste Scrutiny Committee.

(3.) We, therefore, quash and set aside the impugned order dated 4th August, 2008 and remand the matter back to the Caste Scrutiny Committee for a de novo consideration in terms of the directions as contained hereinbelow :