Kambli 1 wp7978.10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7978 OF 2010 Suryakant Ganpat Bhivase ...Petitioner vs. Divisional Caste Certificate Scrutiny Committee No.2, Kolhapur & ors. ...Respondents ... Mr.G.S.Godbole, Sr.Advocate with Mr.Chetan G.Patil for the Petitioner. Mr.C.R.Sonawane, AGP for State. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. Dated: 13th October, 2010 P.C.: 1. By order dated 7th October, 2010 we had issued notice of final disposal to the Kambli 2 wp7978.10 Respondents. All the Respondents have been served. Respondent Nos.1 to 3 are represented by the learned AGP. Mr.Ravindra A. Kadam/Patil, member of the Scrutiny Committee is present.The Respondent No.4 is absent though served. 2. The Petitioner by this petition challenges the order dated 29-9-2010 passed by the Caste Scrutiny Committee holding that his claim that he belongs to “Jangam” caste, which is Other Backward Class is not valid. 3. It is common ground before us that the report of the Vigilance Cell was in favour of the Petitioner. It is also common ground that no show cause notice as required by the judgment of the Supreme Court in the case of Kumari Madhuri Patil v/s. Addl.Commissioner, Tribe Dept., 1994 (6) SCC Kambli 3 wp7978.10 241, was issued to the Petitioner before disagreeing with the report of the Vigilance Cell. 4. In this view of the matter, therefore, in our opinion, following order would meet the ends of justice. O R D E R (i)The order dated 29-9-2010 passed by the Scrutiny Committee is set aside. (ii)The matter is remitted back to the Scrutiny Committee for denovo consideration & decision in accordance with law. (iii)It is agreed by the parties that, now it be not necessary for the Scrutiny Committee to issue any show cause notice to the Petitioner in relation to the report of the Vigilance Cell. The Kambli 4 wp7978.10 Petitioner to appear before the Scrutiny Committee on 26th October, 2010. Thereafter, the Scrutiny Committee will proceed to decide the caste claim of the Petitioner as expeditiously as possible, in any case within a period of three months from 26th October, 2010. (iv)Petition Disposed of. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)