=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.6187 OF 2007 NO.6187 OF 2007 NO.6187 OF 2007 Sunil G. Dhavale ...Petitioner v/s State of Maharashtra and ors. ...Respondents Ms H.K. Mandalik for Petitioner. Mr C.R. Sonawane, AGP for Respondent Nos.1, 2 and 4. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 12TH AUGUST 2008 =2= P.C.- 1. By this petition, the petitioner challenges the order dated 13th August 2007 passed by the respondent No.2. The short ground on which the order is challenged is that the constitution of the Caste Certificate Scrutiny Committee which passed this order is not as per the directions issued by the Supreme Court in the case of Kum Madhuri Patil and anr. v/s Additional Commissioner, Tribal Development and ors., reported in (1994) 6 SCC 241 as also it is contrary to the provisions of section 6 of the Maharashtra Act No.23 of 2001. The Act deals with the constitution of the Committee and it lays down that the Committee shall consist of three members, i.e. Chairman, Member Secretary and Member. The learned counsel appearing for respondents does not dispute the fact that the Committee which passed the order which is impugned in the petition is not constituted in accordance with law. In this view of the matter therefore, in our opinion, following order would meet the ends of justice. 2. The order dated 13th August 2007 impugned in the petition is set aside. The matter is remitted back to the Divisional Caste Certificate Scrutiny Committee, =3= Pune for de novo consideration and decision in accordance with law. Rule is made absolute accordingly with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)