/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4681 OF 2001 Shri Shishir Hemant Abhangrao ...Petitioner V/s. State of Maharashtra & Ors. ..Respondents Shri.R.K. Mendadkar for Petitioner. Shri.C.R. Sonawane for Respondent No.1, 3 & 5. CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATED : 18th FEBRUARY, 2008. P.C.:- 1. By this petition, the petitioner challenges the order passed by the Caste Scrutiny Committee dated 08/05/2001 holding that the caste certificate submitted by the petitioner certifying that he belongs to Mahadeo Koli, Scheduled Tribe, is invalid. One of the grounds challenged in the petition is that one of the members of the Caste Scrutiny committee who was to hear the petitioner was Shri.S.G. Kamble, Senior Research officer. The petitioner objected his presence on the Enquiry Committee on the ground that he had conducted the enquiry and submitted the report. Therefore, Shri.R.R. Gaikwad was appointed as a member of the Committee. Thus, Committee on which Shri.R.R. Gaikwad was the member, heard the / 2/ petitioner. When the order was made, order was not signed by Shri.R.R. Gaikwad but Shri.S.G. Kamble. These allegations are contended in para 11 (i) of the petition. Though the Government has been served in this petition in the year 2002 till today the Government has not filed any affidavit controverting these allegations. In the absence of any affidavit in reply, allegation made in the para 11(i) of the petition have to be accepted at its face value. If they are so accepted, it shows that the order impugned has been made in violation of principles of natural justice. Shri.S.G. Kamble who was not the member of the committee has signed the order. In our opinion, therefore, following order would meet the ends of justice. 1. Order impugned is set aside. Matter is remanded back to the Caste Scrutiny Committee for hearing and decision in accordance with law. . Rule is made absolute accordingly. No order as to costs. ( D.K. DESHMUKH, J.) (V.M. KANADE, J.)