-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3781 OF 2007 PETITION NO.3781 OF 2007 PETITION NO.3781 OF 2007 Mohammed Harun Mohammed Yusuf Khan ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr P.M. Pradhan for Petitioner. Mr C.R. Sonawane, AGP for Respondent Nos.1 to 3. Mr A.J. Bhor for Respondent No.4. Mr Mohit Jadhav for Respondent No.5. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 16TH JUNE 2008. -2- P.C. :- 1. By this petition, the petitioner challenges the order passed by the Caste Certificate Verification Committee, Konkan Division, Mumbai dated 20th April 200-7 holding that the claim of the petitioner that he belongs to Darji caste, which is other backward class, is not valid. We have heard learned counsel for both the sides. In compliance with the directions issued by the Supreme Court in its judgment in the case of Kumari Madhuri Patil and anr. v/s Additional Commissioner, Tribal Development and ors., reported in (1994) 6 SCC 241, the Committee had referred the papers to the Vigilance Cell for its report. Perusal of the report of the Vigilance Cell shows that the Vigilance Cell made enquiry in Uttar Pradesh from where the family of the petitioner hails. The report shows that though the Vigilance Cell did not reach any positive conclusion, either in favour of the petitioner or against the petitioner, it did mention in its report that when they made enquiry in Uttar Pradesh, they found that the entries in relation to caste of the relatives of petitioner were ’Tailor’. In so far as the entry made in the primary school record in the school at Vikhroli, Mumbai, the Vigilance Cell found that in the register ’Musalman’ was the entry and the word ’Darji’ is -3- mentioned in different handwriting. Thus, upon perusal of the report of the vigilance Cell, it can be said that part of the report was in favour of the petitioner. It is common ground before us that though the Vigilance Cell report was partly in favour of the petitioner, the Committee, without issuing any show-cause notice to the petitioner as required by the directions given by the Supreme Court in Kumari Madhuri Pantil’s case, disagreed with the entire report, especially the part which was in favour of the petitioner. The entry in the record at Uttar Pradesh which mentioned ’Tailor’ was brushed aside by observing that tailoring is profession and not the caste. In our opinion, for this reason, the entry could not have been discarded because ’Darji’ is also name of the profession. In our opinion, the proper procedure that could have followed by the Caste Certificate Verification Committee was to issue show-cause notice to the petitioner asking him why the Committee should not discard the entire report and then proceeded to pass appropriate order. Taking overall view of the matter and after having gone through the record, in our opinion, following order would meet the ends of justice. 2. The order of the Caste Certificate Verification Committee, Konkan Division, Mumbai dated 20th April 2007, which is impugned in this petition, is set aside. The matter is remanded back to the said -4- Committee for consideration and decision in accordance with law. Rule is made absolute with no order as to costs. 3. It is common ground that the petitioner has been elected as Councillor of the Mumbai Municipal Corporation in a seat reserved for other backward class. It is also common ground that because of the order of the Caste Certificate Verification Committee, which is impugned in the petition, the petitioner was disqualified from continuing to be Councillor of the Mumbai Municipal Corporation. Now as we have set aside the order passed by the said Committee, the consequential order passed by the Corporation will not survive. Hence, the petitioner will continue to be Councillor of the Mumbai Municipal Corporation. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)