1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 212/2010 IN REVIEW PETITION NO.73/2009 IN WRIT PETITION NO. 3836/2008 ALONGWITH CIVIL APPLICATION NO. 211/2010 Mrs.Shradha C. Koli Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr.J.G.Reddy for applicant Mr.C.R.Sonawane,AGP for respondent-State CORAM : J.N.Patel & Mrs.MRIDULA BHATKAR,JJ. DATE : 15th FEBRUARY, 2010. ( In Chamber) P.C. . The petitioner has challenged the decision of the Caste Scrutiny Committee in W.P.no.3836/2008. The said writ petition was dismissed by this Court by order dated 16/4/2009. The petitioner thereafter filed review petition no. 73/2009 praying that judgment and order be reviewed because the decision of this Court was contrary to the view taken by this Court in the Case of Balwant Vitthal Jalgaonkar Vs.State of Maharashtra , 2004(3) Mah.L.R. 687. This Court by order dated 28/7/2009 rejected the prayer to review its order. 2 2] The petitioner thereafter filed second writ petition no. 9498/2009 by raising the fresh challenge to the decision of the Scrutiny Committee,based on the decision of this Court in Abhaykumar Dnyaneshwar Jagtap & ors.Vs.State of Maharashtra and ors. in Writ Petition no.8413/2008 and other petitions which was decided on 1/9/2009.The Division Bench of this Court ( Mr.Justice S.B.Mhase and Mr.Justice R.M.Sawant) has held that one of the members of the Scrutiny Committee namely A.V.Hankare who has also acted as a Research Officer is not competent and qualified to be a member of the Scrutiny Committee and his appointment by way of stop gap arrangement to complete the coram of three members of the committee discloses the casual approach to the provisions of law and much more to the directions given by the Apex Court and the Division Bench set aside the impugned order passed by the Scrutiny Committee and directed that proper Scrutiny Committee should be constituted within a period of three weeks from the date of the judgment. 3] Writ Petition No.9498/2009 was dismissed by the Division Bench of this Court (Mr.Justice F.I.Rebello and Mr.Justice K.K.Tated ) by order dated 13/11/2009 holding that - 3 ‘’ In our opinion, merely because a person did not have qualification, cannot result in all the orders which were passed becoming nullities at law. The de facto doctrine is now a part of legal system.” While disposing of the said writ petition the Division Bench has considered the liberty granted to the petitioner by the Apex Court and stated that it would be open to the petitioner to avail such a remedy to which he is entitled to by way of review petition. The petitioner, therefore, has filed this Civil Application no.212/2010. 4] After going through all the previous orders in relevant writ petitions we rely on order passed in W.P.no. 8413/2008 . In the said order one of the members of the Scrutiny Committee i.e. A.V.Hankare was held not competent and disqualified to decide the caste claim of the petitioner as he has worked as a research officer and also as a member of the Scrutiny Committee. Under such circumstances the decision of the Committee in which Mr.Hankare has acted in dual capacity cannot be said legal by applying defacto doctrine. In view of the doctrine of coram non judice the proceedings in which the orders passed by the Scrutiny Committee consisting of A.V.Hankare stand vitiated due to the bias. 5] Moreover the Division Bench of this Court (Mr.Justice F.I.Rebello and Mr.Justice J.H.Bhatia) in W.P.no.9402/2009 in the 4 order dated 17/11/2009 has relied on the decision of this Court in W.P.no.8413/2008 and remanded back the matter to decide afresh to the Scrutiny Committee. 6] Therefore, we allow this civil application and in the light of decision in W.P.no.8413/2008 remand the matter back to the Scheduled Tribes Certificate Scrutiny Committee, Pune Region to decide afresh in accordance with law as early as possible . We also direct respondent-3 , Padmashri Dr.D.Y.Patil Institute of Engineering and Technology , not to act in furtherance of the judgment and order dated 18/3/2008 passed by the Scrutiny Committee. Civil Application no.212/2010 is disposed of accordingly. Civil Application no.211/2010 for condonation of delay is disposed of in view of the above order. (J.N.Patel,J.) (Mrs.Mridula Bhatkar,J.) 5