PVR 1 wp6241-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6241 OF 2010 Jay Rajendra Makawana. ...Petitioner vs. 1.State of Maharashtra & ors. ...Respondents --- Mr.R.K.Mendadkar, for Petitioner. Mr.S.N.Patil, AGP for Respondent nos.1,2,3 & 5. Mr.S.B.Shetye, for Respondent no.6. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 23rd September, 2010 P.C.: 1. Rule returnable forthwith. Heard finally by consent of Petitioner and Respondent nos.1,2, 3, 5 & 6. At the request of the Petitioner, name of Respondent no.4 is deleted. Heard the learned Counsel appearing for Petitioner and Respondent nos.1,2,3,5 & 6. PVR 2 wp6241-10 2. The Petitioner by this petition challenges order dated 17.6.2010 passed by the Scrutiny Committee holding that the Petitioner is not entitled to validity certificate in relation to his claim that he belongs to Lohar caste. Perusal of the order shows that the Scrutiny Committee has not called for the report of vigilance cell before passing the order. The learned Assistance Government Pleader appearing for the Scrutiny Committee submitted that the vigilance cell s report has not been called for. We do not see any reason disclosed for not calling the report of vigilance cell. In our opinion, the Scrutiny Committee is not justified in rejecting the caste claim of the Petitioner without calling for vigilance cell report, as laid down by the Supreme Court in the case Kum.Madhuri Patil Vs. Addl. Commissioner, Tribal Dept., 1994(6) SCC 241 . In our opinion, therefore, the following order would meet the ends of justice:- Order dated 17.6.2010 passed by the PVR 3 wp6241-10 Scrutiny Committee which is impugned in the petition, is set aside. The matter is remitted back to the Scrutiny Committee for denovo inquiry. The petition is disposed of. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)