(1) WP 7939.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7939 OF 2011 Smt. Tolanbai w/o Ganeshrao Varade PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. Shivaji T. Shelke, Advocate for the Petitioner. Mr. V.D. Rakh, A.G.P. for the Respondent-State. Mr. N.B. Khandare, Advocate h/f. Mr. D.J. Choudhari, Advocate for the respondent no.5 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 11TH OCTOBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. Heard finally, by consent of the parties. 2. Admittedly, from the orders passed by the Scrutiny Committee, as well as the Vigilance Cell, it would be clear that though the petitioner had produced on record the genealogy by way of affidavit, showing that she was the grand-daughter of Shahaji Bala Sahane, whose caste, as way back as in the year (2) WP 7939.2011 1918, is recorded as Kunbi, the Vigilance Cell has not gone into that aspect of the matter. Perusal of the report of the Vigilance Cell would also reveal that the Vigilance Cell has conducted interviews and made enquiries from the persons belonging to other castes and no persons either belonging to Kunbi or Maratha caste is interviewed by the Members of the Vigilance Cell. It is thus clear that the Vigilance Cell has not conducted the enquiry correctly, as it was incumbent on the part of the Vigilance Cell to have verified the genealogy, as placed on record by the petitioner. 3. In that view of the matter, on this short ground, we are inclined to allow the Petition. Rule is therefore made absolute in terms of prayer clause (B). 4. Respondent no.3-Committee is directed to ask the Vigilance Cell to conduct the enquiry afresh in the light of the observations made by us herein- above. If the report of the Vigilance Cell is available, the same shall be supplied to the petitioner and an opportunity should be given to the (3) WP 7939.2011 petitioner to meet the report, if it is adverse to the petitioner. The respondent no.3-Committee shall decide the matter on remand, within a period of three (3) months from today. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/