Maharashtra & ANR. Vs. Vijay Panditrao Visale & ANR.  INSC 1588
(15 September 2009)
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6285 OF
2009 (Arising out of SLP(C) No. 2558/2006) STATE OF MAHARASHTRA AND ANR. ...
O R D E R
heard the learned counsel for the parties quite at length.
appeal is directed against the judgment and order dated 8.8.2003 passed by the
High Court of Judicature at Bombay, Nagpur Bench, Nagpur, in Writ petition No.
1455 of 2003.
controversy which arises for consideration in this case is whether Respondent
No.1 Vijay Panditrao Visale belongs to "Thakur" (Scheduled 2 Tribe)
or not. In our considered view, there has to be a comprehensive inquiry by the
Caste Scrutiny Committee (for short "the Committee"). The Committee
must take into consideration entire documentary evidence, oral evidence, ethnic
linkages and affinity test and arrive at a definite conclusion as to whether
the respondent belongs to the category of "Thakur" (Scheduled Tribe).
that the Caste Scrutiny Committee shall carry out this exercise independently
without being influenced by any observation made in the impugned judgment of
the High Court. The Committee may permit parties to adduce additional evidence.
matter is remitted to the Caste Scrutiny Committee and the appeal is disposed
of accordingly, leaving the parties to bear their own costs.
further delay, we would request the parties to appear before the Caste Scrutiny
Committee on 26.10.2009 and the Caste Scrutiny Committee shall make all
endeavour to dispose of this case as expeditiously as possible.
Respondent No.1, who is stated to be working with the Dena Bank, shall continue
on his post until the matter is finally determined and decided.
....................J (DALVEER BHANDARI)
....................J (Dr. B.S. CHAUHAN)
SEPTEMBER 15, 2009.