Kambli 1 WP3153.96 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3153 OF 1996 ... 1.Sunil Muralidhar Thakur 2.Anil Murlidhar Thakur ...Petitioners v/s. 1.The State of Maharashtra 2.The Director Committee for Scrutiny and Verification of Tribe Claims, Maharashtra State 3.Executive Magistrare ...Respondents ... Mr.R.K.Mendadkar for the Petitioners. Mr.V.A.Gangal with Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 22nd November,2010 P.C.: 1. By this petition the Petitioners challenge the order passed by the Scrutiny Committee dated 15-2-1996 rejecting the Kambli 2 WP3153.96 claim of the Petitioners that they belong to Thakur, Schedule Tribe. 2. One of the grounds on which the order is challenged is that though the order is signed by the Chairman and two Members of the Committee, the Petitioners were heard only by one Member, and the Chairman and the other Member who have signed the order were not physically present when the hearing took place. It is submitted that this procedure is contrary to the principles of natural justice as also the directions issued by the Supreme Court in its judgment in the case of Kumari Madhuri Patil v/s. Addl.Commissioner, Tribe Dept., 1994(6) SCC 241. 3. The State Government has been served and is also represented, but there is no affidavit filed on behalf of the State Kambli 3 WP3153.96 Government disputing this position. 4. In our opinion, as the procedure laid down by the law has not been followed, following order would meet the ends of justice. O R D E R (i)The order impugned in the petition is set aside; (ii)The matter is remitted back to the Scrutiny Committee for fresh decision; (iii)The Petitioners to appear before the Scrutiny Committee, Nasik on 6th December, 2010 along with a copy of this order; (iv)The Scrutiny Committee, thereafter, shall proceed to hear the Petitioners in accordance with law and decide the matter as expeditiously as possible, in any case within a period of three months from 6th December, 2010; Kambli 4 WP3153.96 (v)Rule made absolute accordingly. No order as to costs; (D.K.Deshmukh,J.) (N.D.Deshpande, J.)