(1.) Heard Shri. Gastgar, learned counsel for the petitioner and Mrs. Khade, learned counsel for Respondent Caste scrutiny Committee. Rule. Rule made returnable forthwith by consent of the parties.
(2.) The writ petition is directed against order of the Caste Scrutiny Committee dated 18-04-2006, whereby caste claim of the petitioner, as belonging to Rajput Bhamta (Vimukta Jati) , came to be invalidated. The learned counsel for the petitioner has contended that in the instant case, on earlier occasion, the caste Scrutiny Committee has issued validity certificate in respect of the real brother of the petitioner viz. Girish dated 22-12-2004, whereby it is declared that he belonged to Rajput Bhamta (V. J. ). Similarly, the Caste Scrutiny Committee has also vide order dated 24th June, 2005 declared that the real sisters of the petitioner viz. Anjali and Manjushree belonged to Rajput bhamta (V. J. ). It is contended that all these validity certificates were placed before the Caste scrutiny Committee, however, the Caste scrutiny Committee without taking into consideration these validity certificates, issued by the competent Caste Scrutiny Committee invalidated the caste claim of the petitioner only on the basis of the documents i. e. Kotwal Book extract, pertaining to grandfather of the petitioner i. e Shyam rao as well as father of the petitioner i. e. Dnyandeo. The learned counsel for the petitioner has contended that in paragraph 12 of the judgment of the Division Bench of this Court dated 24/25th June, 2004 rendered in Writ petition No. 1372 of 1989 it is observed which reads thus :
(3.) It is further contended that passing remark of the Apex Court in paragraph 14 of madhuri Patil's case, that each case must be considered by the Committee in the backdrop of its own facts, by itself cannot be said to be ratio decidendi of the judgment and in absence thereof declaration of validity given in favour of brother and sisters of the petitioner by the earlier orders of the Caste Scrutiny Committee by necessary implications are binding on the caste Scrutiny Committee and the Committee is estopped from giving declaration in respect of caste of the petitioner other than the one given by the orders passed by the Caste Scrutiny committee on earlier occasions in case of brother and sister of the petitioner.