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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 7127  OF  2008

NIRAJ                  Appellant(s)

                    :VERSUS:

STATE OF MAHARASHTRA AND ORS.              Respondent(s)

O R D E R

Heard the learned counsel for the parties.  

Appellant feeling aggrieved and dissatisfied with  

the order dated 21.2.2006 passed by the Division Bench of  

the  High  Court  of  Judicature  at  Bombay,  Bench  at  

Aurangabad, in W.P. No.86/2005, is before us challenging  

the same.   

During  the  pendency  of  the  matter  before  this  

Court, on account of certain developments that have taken  

place, appellant has filed an interlocutory application  

for  taking  additional  documents  on  record.  The  said  

documents are: Certificates of Validity, issued by the  

Scheduled  Tribe  Scrutiny  Committee  in  favour  of  the  

appellant's  father  Wadikar  Maroti  Rukmaji  showing  him  

belonging to “Mahadev Koli” – a notified Scheduled Tribe.  

Similarly, there is yet another certificate issued in

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favour of the appellant's real brother.

The appellant has not been found to be belonging  

to the Scheduled Tribe: “Mahadev Koli” by The Committee  

for Scrutiny & Verification of Tribe Claim, Aurangabad,  

on the strength of various documents which were available  

with the said Committee.      

It  has  not  been  disputed  before  us  that  the  

appellant had secured admission in Engineering College on  

the strength of the certificate issued by the  Scheduled  

Tribe Certificate Scrutiny Committee and has completed  

his course in Computer Science during the pendecy of the  

present appeal.  

In the light of the certificates, issued in favour  

of the appellant's father and brother, describing them as  

belonging to Scheduled Tribe category: “Mahadev Koli”, it  

is inconceivable to believe that the appellant is not  

belonging to the said caste.   

But  learned  counsel  appearing  on  behalf  of  the  

respondents has vehemently opposed it and submitted that  

it  would  be  in  the  fitness  of  things,  if  matter  is  

remitted to The Committee for Scrutiny & Verification of  

Tribe Claim, Aurangabad, for fresh decision on merits in

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the light of the aforesaid documents and in accordance  

with law. We accordingly do so as the suggestion made by  

him is reasonable and appropriate.

Keeping  in  mind  that  the  matter  is  old  and  

pertains to the career of the appellant, it is desirable  

that it should be heard and disposed of in accordance  

with law at an early date by the Committee.   

Parties agree that they would appear before the  

said Committee on 7th July, 2010 and would participate in  

further proceedings. The said Committee would endeavour  

to record its findings at an early date and preferably  

within  a  period  of  two  months  from  the  date  of  

communication of this order.      

With the aforesaid direction, this appeal stands  

finally disposed of.

....................J (DEEPAK VERMA)

....................J (K.S. RADHAKRISHNAN)

New Delhi; June 11, 2010.