KALU Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, the petition is taken up for final disposal at admission stage.

(2.) The respondent No. 5 claims to belong to Kunbi caste which is included in O.B.C. category. Since the respondent No. 5 contested the elections for Village Panchayat during the term commencing from 2003, a caste certificate secured by him on 1.1.2003, certifying that he belongs to Kunbi caste, which is included in OBC category, was referred for verification to the Caste Scrutiny Committee, Nasik. The Scrutiny Committee, Nasik, in observance of the procedure prescribed under law, conducted the proceedings and directed invalidation of the caste certificate issued in favour of the respondent No. 5 by order dated 16.11.2005. The order passed by the Scrutiny Committee was subjected to challenge in Writ Petition bearing No. 8484/2005 presented by respondent No. 5. The Writ Petition was decided by the Division Bench of this Court on 14.9.2006 and the order impugned in the said petition, passed by the Scrutiny Committee, directing invalidation of the caste certificate issued to the respondent No. 5 was quashed and set aside and the matter was remitted back to the Scrutiny Committee, Nasik for fresh decision.

(3.) We have perused the record maintained by the Scrutiny Committee, Nasik and it transpired on scanning the record that the respondent No. 5 caused appearance before the Scrutiny Committee on 4.11.2006 and notice was directed to be issued to the complainant by the Scrutiny Committee. Several dates were prescribed in the matter and the Scrutiny Committee, on 12.9.2007, recorded statement of respondent No. 5 and reserved the matter for decision.