- (1.) This appeal has been preferred against the impugned judgment and order dated 22.9.2009, passed by the High Court of Bombay (Aurangabad Bench) in Writ Petition No. 3129 of 2009, filed by respondent no. 5, challenging the caste certificate of the appellant.
(2.) The facts and circumstances giving rise to this appeal are as follows: A. The competent authority in the present case, issued a caste certificate dated 19.10.1989, after following due procedure, in favour of the appellant stating that he does in fact, belong to Bhil Tadvi (Scheduled Tribes). On the basis of the said certificate, the appellant was appointed as Senior Clerk in the Municipal Corporation of Aurangabad (hereinafter referred to as the, 'Corporation') on 6.2.1990, against the vacancy reserved for persons under the Scheduled Tribes category. The Corporation referred the caste certificate of the appellant for the purpose of verification, to the Caste Certificate Scrutiny Committee (hereinafter referred to as the, "Scrutiny Committee"). The Vigilance Cell attached to the Scrutiny Committee, upon conducting vigilance enquiry, vide order dated 29.12.1998, found that the appellant did, in fact, belong to Bhil Tadvi (Scheduled Tribes) and thus, the said certificate was verified. The Scrutiny Committee, on the basis of the said report and also other documents filed by the appellant in support of his case, issued a validity certificate, dated 23.5.2000 to the appellant belonging to Bhil Tadvi (Scheduled Tribes). After the lapse of a period of 9 years, respondent no. 5 filed complaint dated 9.1.2009, through an advocate before the Scrutiny Committee, for the purpose of recalling the said validity certificate, on the ground that the appellant had obtained employment by way of misrepresentation, and that he does not actually belong to the Scheduled Tribes category. In fact, the appellant professed the religion of Islam and therefore, could not be a Scheduled Tribe. B. The Scrutiny Committee rejected the said application vide order dated 13.3.2009, observing that it had no power to recall or to review a caste validity certificate, as there is no statutory provision that provides for the same. C. Aggrieved, respondent no. 5 challenged the order dated 13.3.2009, by filing Writ Petition No. 3129 of 2009 before the High Court of Bombay (Aurangabad Bench), praying for quashing of the order dated 13.3.2009, and directing the Scrutiny Committee to hold de novo enquiry, with respect to the appellant's caste certificate. The appellant contested the said petition, denying all the allegations made by respondent no. 5. Vide its impugned judgment and order dated 22.9.2009, the High Court disposed of the said writ petition without going into the merits of the case. However, while doing so, the High Court set aside the order dated 13.3.2009, and remitted the matter to the Scrutiny Committee, directing it to hear all the parties concerned in accordance with law, as regards the allegations made by respondent no. 5 in the complaint. It further directed the Committee to decide the said matter within a period of 6 months. Hence, this present appeal.
(3.) Before proceeding further, it may also be pertinent to refer to certain subsequent developments. During the pendency of this appeal, this Court vide order dated 20.11.2009, granted a stay with respect to the operation of the aforementioned impugned judgment. Vide order dated 6.1.2012, the said interim order was modified, to the extent that the Scrutiny Committee would re-examine the case on merit, without being influenced by earlier proceedings before it, and by giving adequate opportunity to the parties to lead evidence in support of their respective cases after which, the Scrutiny Committee would submit its report to this Court within a period of 3 months. ;