{1} wp525709.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5257 OF 2009 Haripant Shahuraj Chavan, age: 35 years, Occ: Service, R/o at Karewadi Post, Yarol, Tq. Shirur Anantpal, District Latur. Petitioner Versus 1 The State of Maharashtra, through the Secretary, Social Welfare Department, Mantralaya, Mumbai. 2 The Caste Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Member Secretary. 3 The Chief Executive Officer, Zilla Parishad, Alibagh, Raigadh, District Raigadh. Respondents Mr.P.B.Gapat, advocate for the petitioner. Mr.S.V.Kurundkar, advocate for Respondents No.1 & 2. Respondent No.3 served. CORAM : N.H.PATIL AND T.V.NALAWADE, JJ. DATE : 17th August, 2011 {2} wp525709.odt ORAL JUDGMENT (Per N.H.Patil, J.): 1 Heard. 2 Rule. Rule made returnable forthwith. By consent, the matter is taken up for final disposal. 3 The petitioner claims to be belonging to 'Rajput Bhamta'. The petitioner submits that he is working as Clerk with Respondent No.3. The petitioner relies inter alia on the validity certificate issued in favour of his cousin brother and the vigilance cell report. It is submitted that the Committee did not refer to this vital piece of evidence produced by the petitioner. 4 Shri Kurundkar, learned A.G.P., appearing for the Committee, submits that the Committee has discussed the evidence and thereafter proceeded to pass the order. 5 After considering the evidence and more precisely the impugned order, we find that the order suffers from non application of mind. The Committee has referred to the caste certificate of Bhagwansingh Chavan, whereas, the petitioner claims to have filed the validity certificate on record. The Committee ought to have discussed the evidence in respect of vigilance cell report. {3} wp525709.odt 6 We are of the view that the matter needs to be remanded back to the Committee for proper appreciation of evidence produced on record and for passing fresh order. 7 In the result, the impugned order dated 31.07.2009, passed by Respondent No.2-Committee, is quashed and set aside. The matter is remanded back to Respondent No.2-Scrutiny Committee for passing fresh order. The petitioner undertakes to appear before the Committee on 19th September, 2011 at 11.00 a.m. The Committee shall hear the petitioner and pass appropriate orders. 8 Rule is made absolute accordingly. No order as to costs. We have expressed no opinion on the merits of the matter. T.V.NALAWADE N.H.PATIL JUDGE JUDGE ******* adb/wp525709