1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2545 OF 2010 Narendrakumar Purshottam Thakur ..Petitioner versus The State of Maharashtra & Ors. ..Respondents Mr. J. S. Chandnani for Petitioner. Mr. C. R. Sonawane – AGP for State. Mr. G. A. Karmalkar i/b. G. S. Hegde & Associates for Respondent No. 3. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JUNE 21, 2010. P.C. : 1. Heard the learned counsel for the parties. Rule. By consent heard finally. 2. The writ petition is directed against the Order dated 31st December 2009 passed by the Scheduled Tribe Certificate Scrutiny Committee, whereby the caste claim of the petitioner as belonging to “Thakur” Scheduled Tribe came to be invalidated. 2 3. Counsel for the petitioner states that apart from the other grounds the petitioner is challenging the impugned order on the ground that the same is in violation of principles of natural justice. It is contended that the Scrutiny Committee did not furnish copy of the Police Vigilance Cell Report to the petitioner before passing the order. However, copy of the Police Vigilance Cell Report is furnished to the petitioner after the order dated 31st December, 2009 is passed. It is further submitted that this fact has been admitted by the Scrutiny Committee in its affidavit dated 11th June 2010. It is therefore contended that the impugned order being in violation of natural justice may be quashed and set aside. 4. Learned Assistant Government Pleader does not dispute this aspect of the matter. 5. On the back-drop of the aforesaid undisputed fact, it is evident that the Caste Scrutiny Committee failed to furnish copy of the Police Vigilance Cell Report to the petitioner before passing the impugned order. The procedure adopted by the Caste Scrutiny Committee, in our view, is in complete violation of principles of natural justice and therefore impugned order cannot be sustained in law. 3 6. For the reasons stated herein above, the impugned order dated 31st December 2009 is quashed and set aside. The matter is remanded back to the Caste Scrutiny Committee for reconsideration of the issue afresh and take a decision in accordance with law and procedure applicable in this regard by following principles of natural justice within a period of four months from the date of communication of this order. 7. Rule made absolute in above terms. No order as to costs. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)