1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2285 OF 2007 Usha d/o. Vilas Sarje, Age 28 years, occ. service, R/o. Kond, taluka Osmanabad, District Osmanabad. - - - - Petitioner Versus 1. The State of Maharashtra. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. 3. The Head Master, Jijamata Kanya Prashala, Bembali, tq. and dist. Osmanabad. - Respondents. Shri A. S. Bayas, Advocate for petitioner. Shri S. K. Tambe, A.G.P. for respondent no.1. Shri M.S. Deshmukh, Advocate for respondent no.2. CORAM : NARESH H. PATIL & N. D. DESHPANDE, JJ. DATE : 10th June, 2009. ORAL JUDGMENT [ PER NARESH H. PATIL, J.] : 1. Heard. 2. Rule, made returnable forthwith. By consent of parties, petition is 2 taken up for final hearing at admission stage. 3. Learned Counsel for petitioner submits that on 23-3-2007 the Committee heard the petitioner. The Committee was constituted consisting a member namely; Shri Deshmukh. The said Committee decided the matter on 23-3-2007. Shri Deshmukh retired on 19-1-2007 as Member of the Committee. The matter was again heard by the new Committee on 31-1-2007. In place of Shri Deshmukh, Shri Mayee was one of the members. The Committee thereafter decided the matter on 23-3-2007. The parties are disputing that the petitioner was not heard by the same Committee which decided the matter finally. There are certain disputed questions raised by contesting parties. 4. Learned Counsel for the Committee Shri Deshmukh submits that the petitioner is taking benefit of some typographical mistake in the order. Learned Counsel Shri Bayas submits that there is no question of taking benefit of such mistake when the record itself reveal that he was not heard by the same Committee than the Committee which decided the matter finally. 5. We do not wish to enter into controversy raised by learned Counsel for the parties. The issue could be resolved if the matter is directed to be heard and decided afresh by the existing Committee. The petitioner is said to be Assistant Teacher who is said to be still in service. We, therefore, pass the following order without prejudice to the rights of either of the parties. 6. The impugned order dated 23-3-2007 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad is quashed and set 3 aside and the matter is remanded back to the Committee. The petitioner would appear before the Committee on 29th June 2009 at 11 a.m. The Committee shall hear the petitioner and thereafter deliver the decision within three weeks on its own merits and strictly in accordance with law. The petitioner would not be permitted to add any documentary evidence or to lead any oral evidence in support of his caste claim. The Committee is directed to deal with the issue raised by the petitioner. All issues are kept open. Rule is made absolute in above terms. 7. Learned Counsel for the petitioner submits that the petitioner has not been paid salary for the last three years. The petitioner is entitled to file comprehensive representation to the appropriate authority. [N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] pnk/wp228507