Pvr 1 wp5138-07 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5138 OF 2007 Prakash Shantaram Bacchav. ...Petitioner vs. 1.State of Maharashtra & ors. ...Respondents --- Mr.R.K.Mendadkar, for Petitioner. Mr.C.R.Sonawane, AGP for Respondent nos.1 to 4. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 24th November, 2010 P.C.: 1. By this petition, the petitioner challenges order dated 6.7.1994 passed by the Scrutiny committee holding that the claim of the petitioner that he belongs to Mahadev Koli Scheduled Tribe is not valid. In the order, the Scrutiny committee has stated that though notice Pvr 2 wp5138-07 of personal hearing was issued to the petitioner, the petitioner did not attend. The petitioner has categorically made a statement in the petition that he has not received any notice of hearing. In the affidavit in reply filed on behalf of the Scrutiny Committee, it is stated that the notice of personal hearing was issued to the petitioner through the Principal, Police Training College, Nasik but no document is produced showing that the Principal, Police Training, Nasik served a copy of the notice on the petitioner. From the material available on record it appears that the notice of personal hearing was not actually served on the petitioner. It is further clear that the order holding that the caste claim of the petitioner is invalid, is made without calling for the report of Vigilance cell. The learned Counsel appearing for petitioner stated before us that the petitioner continues in the service of State of Maharashtra as a Constable and he is occupying the seat reserved for scheduled tribe. In these Pvr 3 wp5138-07 circumstances, in our opinion, the following order would meet the ends of justice:- The order impugned in the petition is set aside. The matter is remitted back to the Scrutiny Committee, Nasik, for denovo inquiry and decision in accordance with law. The petitioner to appear before the Scrutiny committee alongwith a copy of this order on 20.12.2010. The scrutiny committee, thereafter, shall hold inquiry and make order in accordance with law in any case within a period of four months from 20.12.2010. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)