1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8480 OF 2007 WRIT PETITION NO. 8480 OF 2007 WRIT PETITION NO. 8480 OF 2007 Jay Hasmukh Chawda. .. Petitioner. vs. State of Maharashtra & Ors. .. Respondents. Mr. R.K. Mendadkar & H.K. Mandlik for Petitioner. Mr. A.L. Patki., AGP., for Respondents. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.S. SHINDE, JJ S.S. SHINDE, JJ S.S. SHINDE, JJ. DATE: 19TH MARCH, 2008. DATE: 19TH MARCH, 2008. DATE: 19TH MARCH, 2008. P.C. . Heard the learned Advocate appearing for the petitioner as well as the learned AGP appearing for the State. 2. The petitioner is challenging the order dated 21.9.2007 passed by respondent no. 2 invalidating the caste certificate of the petitioner as belonging to Vankar, Scheduled Caste. The petitioner moved the respondent no. 2 Caste Scrutiny Committee through his 2 Junior College and submitted various documents as contemplated and required under the Standing Orders. On 14.9.2007 the Respondent No. 2 Committee issued show cause notice to the petitioner to explain that persons who are Vinkar by occupation belong to other backward class whereas ’Vankar’ is Scheduled Caste. 3. The main grievance of the petitioner in the petition is that the Committee who heard his case was consisting only of two committee members. The contention of the petitioner is that the Committee consists of three members and hearing of his case by two member committee was not in accordance with rules. 4. After hearing the parties, we are of the considered opinion that the issue involved in this petition is covered by various decisions of this Court including the one rendered by this Court on 11.2.2008 in the case of Mohd. Jamil Mohd. Yusuf Indrisi vs. State of Maharashtra & Ors. 5. We therefore, dispose of this petition by quashing and setting aside the impugned order and direct the petitioner to remain present before the Caste Scrutiny Committee on 4.4.2008 at 11.00 hours. The Caste Scrutiny Committee would proceed to hear the matter in accordance with law and take a decision within two weeks from the date of first appearance of the petitioner, of course, subject to the co-operation 3 of the petitioner in the matter. We make it clear that if the petitioner does not cooperate with the Caste Scrutiny Committee, the Caste Scrutiny Committee may proceed exparte by recording reasons. 6. In view of the fact that the impugned order is set aside, the caste certificate issued to the petitioner stands and, therefore, the petitioner will be able to enjoy all the benefits accrued to him under the said certificate without claiming any equity in the matter. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.S. Shinde, J.) (S.S. Shinde, J.) (S.S. Shinde, J.)