1 W.P. No.2081-08 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2081 OF 2008 Shailesh Sudhakar Madenwar ..Petitioner Vs. Schedule Tribe Certificate Scrutiny Committee, Pune & Ors. ..Respondents Shri P.B.Shah for the Petitioner Smt S.S.Bhende for Respondent Nos.1 to 3 Coram: P.B.MAJMUDAR R.M.SAVANT, JJ Date: 26th July 2010 P.C. 1. Rule. With the consent of the parties made returnable forthwith and heard. 2. The above Petition challenges the order passed by the Caste Scrutiny Committee dated 25-2-2008, invaliding the caste claim of the Petitioner as belonging to “Halbi” Scheduled Tribe. The Order has been signed by the three Members amongst who one is Mr. A.V.Hankare, who is shown to be a member and Research Officer. In so far as Shri Hankare presiding in the meeting of the Caste Scrutiny Committee as a Research Officer is concerned, we have set aside the orders passed by the Caste Scrutiny Committee wherein Shri Hankare as presided over both the Member as well as the Research Officer. One such matter is Writ Petition No.8413 of 2008, in which Petition by an order dated 1-9-2009 2 W.P. No.2081-08 the Division Bench of this Court has set aside the order passed by the Caste Scrutiny Committee on the ground that Shri Hankare could not have presided over both a Member as well as the Research Officer, as admittedly he do not have qualification for being the Research Officer. For the reasons stated in the said order dated 1-9-2009, we allow the above Petition and remand the matter back to the Caste Scrutiny Committee and direct the Caste Scrutiny Committee to constitute a proper Committee to decide the matter in respect of the caste claim of the Petitioner within a period of eight weeks from date. Needless to say that we have set aside the impugned order passed by the Caste Scrutiny Committee for the aforesaid reasons and same should not be construed as an expression of any opinion as regards the merits of the claim of the Petitioner as belonging to Halbi Scheduled Tribe. The Caste Scrutiny Committee to decide the matter on its own merits and in accordance with law within the time stipulated as above. 3. The Petition is accordingly allowed by making the Rule absolute in the aforesaid term. The Petitioner to appear before the Caste Scrutiny Committee on 9th August 2010. All the relevant material on record will be considered by the Caste Scrutiny Committee and there is no necessity for any fresh Vigilance Cell Report or Affinity test. (R.M.SAVANT, J.) (P.B.MAJMUDAR, J.)