tribals or those belonging to Backward Classes by subjecting them to go to the authorities and within the jurisdiction of their original place of residence, as specified in Clause-b of Section 2 of the Maharashtra Act No.XXIII of 2001. Section 2(b) itself used the words “Unless specified otherwise”. Now that specification comes in the form of several Government Resolutions and issued subsequently. Once the petitioner points out that the petitioner's father was issued a Tribe Certificate by the Executive Magistrate, Jalna, copy of which is annexed as A-1, then the Committee in the instant case could not have refused to verify the Tribe claim. The petitioner is therefore, entitled to succeed. The impugned order is quashed and set aside. The claim shall be verified by the Committee on merits and in accordance with law and shall not be rejected only on the ground that the Caste/Tribe certificate has been issued by the Executive Magistrate, Jalna. The committee should proceed on the footing that the certificate is issued by competent authority. The Writ Petition is allowed in these terms and until scrutiny and verification is completed, the ad-interim order passed by this Court on 12/2/2012 shall continue to operate but the petitioner cannot claim any equities on that basis.
