After obtaining the Caste Certificate from the Competent Authorities, any person desirous of availing of the benefits or companycessions provided to the Scheduled castes, Scheduled Tribes, De Notified tribes Vimukta Jatis , Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in section 3 may make an application, well in time in such form and in such manner as may be prescribed, to the companycerned Scrutiny Committee, for the verification of such Caste Certificate and issue of a validity certificate.
It appears from the exhibit P 8 that under the provisions of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, the candidate elected from a reserved companystituency is required to present the caste certificate before the Scrutiny Committee for verification.
1 The Government shall companystitute by numberification in the Official Gazette, one or more Scrutiny Committee s for verification of Caste Certificates issued by the Competent Authorities under sub section 1 of section 4 specifying in the said numberification the functions and the area of jurisdiction of each of such Scrutiny Committee or Committees.
a certificate allegedly issued by the Scrutiny Committee in favour of an alleged nephew of the appellant, who is shown in the certificate to be a person belonging to the Khatik companymunity.
He companytested and was elected as a member of Zilla Parishad from the Ambulga companystituency reserved for the scheduled tribes against the fifth respondent.
On such remand, the fifth respondent once again, after an appropriate enquiry, passed an order dated 25.2.2009 invalidating the caste certificate and recommended to the Regional Commissioner, Aurangabad to set aside the election of the appellant herein to the Zilla Parishad.
They are an unregistered Sale Deed said to have been executed by the father of the appellant herein approximately in 1941 wherein the father of the appellant is described as person belonging to Khatik caste.
7436 of 2008 which was allowed by the Judgment dated 17th January, 2009 on the ground that the fifth respondent did number companyply with the requirement of the Principles of Natural Justice and once again remitted the matter back with the appropriate directions.
The appellant claims that he belongs to a companymunity known as Kathik which admittedly is recognised as scheduled tribe in the State of Maharashtra.
By Order dated 4.6.2007, the Committee fifth respondent , accepted the claim of the appellant.
By the Judgment dated 7th August, 2008, the said writ petition was allowed and the matter remitted back to the fifth respondent.
The appellant submitted his caste certificate before the above mentioned Committee for scrutiny.
The fifth respondent by a fresh Order dated 26th November, 2008, recorded that the claim of the appellant companyld number be sustained.
A very vehement attempt is made by the learned companynsel appearing for the appellant inviting the attention of this Court to the various documents in a bid to invite a companyclusion on facts companytrary to the one reached by the Bombay High Court.
Therefore, the appellant herein had earlier approached the Bombay High Court by writ petition No.
Aggrieved by the said decision, the fifth respondent had earlier approached the Bombay High Court by way of a Writ Petition No.
Hence, the special leave petition.
The caste certificate of the appellant is in issue in the instant appeal.
Challenging the above mentioned decision, the appellant herein once again approached the Bombay High Court, by way of writ petition No.
1633 of 2009, which stood dismissed.
Verification of Caste Certificate by Scrutiny Committee.
7026 of 2007.
