- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6192 OF 2007 Balasaheb Ramdas Chandere. ...Petitioner VS. 1.State of Maharashtra & ors. ...Respondents --- Smt.R.K.Mendadkar & Ms.H.K.Mandlik, for Petitioner. Mr.A.Kumbhakoni, Asst.Advocate General with Mr.C.R.Sonawane, for Respondent nos.1,2 & 4. Mr.S.B.Shetye, for Respondent no.5. Mr.O.A.Siddiqui, for Respondent no.6. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. V.M.KANADE, JJ. V.M.KANADE, JJ. DATED: 27th February,2008. DATED: 27th February,2008. DATED: 27th February,2008. P.C. P.C. P.C.: 1. Rule returnable forthwith. Heard finally by - 2 - consent of parties. 2. The petitioner by this petition challenges the intimation dated 11.7.2007 intimating that the Regional Caste Verification committee, Pune Division, Pune has held that the claim of the petitioner that he belongs to Kunbi (OBC) caste is invalid, and the reasoned order dated 13.8.2007 giving reasons for that finding. It appears that the said committee has called for vigilance report. That report was submitted on 6.6.2007. According to that vigilance cell report, the petitioner belongs to Kunbi Maratha caste. Perusal of the order dated 13.8.2007 shows that though the report of the vigilance cell has been referred to in the order, no reasons are given in the order as to why that report which appears to be in favour of the petitioner’s claim has to be discarded. In our opinion, the vigilance cell report was called by the committee itself and the finding of that vigilance cell report appears to be in favour of the petitioner, therefore, the committee was under a duty to consider that report and if according to the committee the view recorded by the vigilance cell cannot be accepted, the committee should have given reasons for that. The order of the committee suffers - 3 - from non application of mind on the relevant, material and vital aspect of the matter. Therefore, in our opinion, the following order would meet the ends of justice:- . The intimation dated 11.7.2007 and the order dated 13.8.2007 are set aside. The matter is remitted back to the Regional Caste Verification Committee for denovo consideration, hearing and decision in accordance with law. . Rule is made absolute accordingly. . No order as to costs. (D.K.Deshmukh, J.) (V.M.Kanade, J.) ---