CHANDRAKANT VASANTRAO SISODIYA Vs. GULABSINGH SURATSINGH SONAWANE (RAJPUT)

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India takes exception to an order passed by the respondent Scrutiny Committee, dated 16.10.2006, granting validity certificate to respondent No.1 as belonging to Bhil, which is recognised as a Scheduled Tribe.

(3.) With the assistance of learned counsel for the parties, we have perused the findings recorded by the respondent Scrutiny Committee. Upon such perusal, according to us, the findings recorded by the respondent Scrutiny Committee cannot be sustained. In the light of that, therefore, we are inclined to allow this petition and quash and set aside the impugned order and remit the matter back to the respondent Scrutiny Committee for a decision afresh. We make it clear that since we have not decided any of the rival contentions which are raised in this petition, all issues which are raised in the petition are kept open to be adjudicated and decided by the respondent Scrutiny Committee.