1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2217 OF 2022 Shaikh Safar s/o. Shaikh Kasim, Age : 51 years, Occu : Service As Peon with the office of Area Manager, Ox Mother Area, Hingoli, R/o. Behind Badi Masjit, Risala Bazar, Hingoli, Tq. & Dist. Hingoli .. Petitioner Versus 1. The State of Maharashtra, Through Secretary, Social Welfare Department, Mantralaya, Mumbai 2. The Member Secretary, Divisional Caste Scrutiny Committee For S.C., V.J., N.T., O.B.C. & S. B. C., Committee No.2, Aurangabad Division Latur, Latur, Tq. & Dist. Latur 3. The Range Manager, Bull Mother Range, Hingoli, Tq. & Dist. Hingoli .. Respondents ….. Shri. Shashikant S. Londhe, Advocate for the Petitioner Shri. P. K. Lakhotiya, AGP for the Respondent / State. ….. CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ. Dated : JUNE 10, 2025 ORAL JUDGMENT (Per NEERAJ P. DHOTE, J.) :- . Heard the learned Advocate for the Petitioner and the learned AGP for Respondent Nos.1 and 2. 2025:BHC-AUG:14780-DB 2 2. None appears for Respondent No.3, though served. 3. Rule. Rule is made returnable forthwith. By consent of the parties, Petition is taken up for final hearing. 4. The Petitioner, who claims to be belonging to ‘Muslim Gawali’ - Nomadic Tribe (B), is working with Respondent No.3 in the capacity of Peon. Respondent No.3 submitted the Petitioner’s document to Respondent No.2 – Scrutiny Committee for validation. After following due procedure, Respondent No.2 – Scrutiny Committee passed the impugned Order dated 18.02.2016 invalidating the Petitioner’s claim to be belonging to ‘Muslim Gawali’ – N.T. (B). 5. It is the contention of the learned Advocate for the Petitioner that Respondent No.2 – Scrutiny Committee ignored the Validity Certificate issued to the Cousin Brother of the Petitioner namely Shaikh Alim Shaikh Jummakha and also ignored the sale-deed dated 08.01.1951 which was executed by Cousin Grandfather of the Petitioner wherein the caste is mentioned as ‘Muslim Gawali’. He submits that the said sale- deed is prior to the date when the said caste was notified as N.T. (B). He submits that Vigilance Cell had conducted the enquiry and its Report supports the Petitioner’s claim. He submits that Respondent No. 2 - Scrutiny Committee ignored the said vital documents and held that the Petitioner failed to establish his claim towards the said caste. He sumbits 3 that the Petition be allowed. 6. The learned AGP appearing for Respondent Nos.1 and 2 opposes the Petition. He submits that Respondent No. 2 has properly considered the material available on record and no fault can be found with the same. 7. We have perused the Petition and the documents annexed with the Petition. There is genealogy submitted by the Petitioner to Respondent No.2 – Scrutiny Committee. There is no dispute in respect of the said genealogy. In the said genealogy, Shaikh Alim Shaikh Jummakha is shown as the Cousin Brother of the Petitioner and Deceased Shaikh Bhikan is shown as the Cousin Grandfather of the Petitioner. There is also no dispute in respect of the Petitioner’s relation with the said two persons, namely, Shaikh Alim Shaikh Jummakha and Shaikh Bhikan. There is no dispute that ‘Muslim Gawali’ was notified as N.T. (B) in the year 1961. There is also no dispute that the Cousin Brother of the Petitioner is having the validity towards ‘Muslim Gawali’ N.T. (B) caste, which was issued by the Respondent No.2 – Scrutiny Committee. The said sale-deed, in which the caste ‘Muslim Gawali’ of the Cousin Grandfather of the Petitioner is mentioned, is of the year 1951 which was much prior to the said notification, by which 4 the ‘Muslim Gawali’ came to be notified as N.T. (B). There can be no reason to falsely mention the said ‘Muslim Gawali’ caste in the said sale- deed at that point of time. Copy of the Vigilance Cell Report is enclosed with the Writ Petition. The findings in the Vigilance Cell Report support the Petitioner’s claim towards ‘ Muslim Gawali’ N.T. (B) category. There is nothing to show that Respondent No.2 - Scrutiny Committee came across any document which was contrary to the Petitioner’s claim. Respondent No.2 – Scrutiny Committee ought to have considered the aforesaid two documents and allowed the claim of the Petitioner. In this view of the matter, the impugned Order dated 18.02.2016 passed by Respondent No.2 – Scrutiny Committee invalidating the Petitioner’ s claim towards ‘Muslim Gawali’ N.T. (B) is required to be set aside and hence, we proceed to pass the following order. ORDER (i) The Writ Petition is allowed in terms of prayer clause ‘B’. (ii) Respondent No.2 – Scrutiny Committee shall issue necessary validity certificate in favour of the Petitioner belonging to ‘Muslim Gawali’ - N.T. (B) Caste category within a period of four (4) weeks from the date of receipt of this order. (iii) Writ Petition stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 13/06/2025 10:27:02