-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4429 OF 2007 NO.4429 OF 2007 NO.4429 OF 2007 Rajendra Keshav Gorade ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr Y.S. Jahagirdar with Mr G.S. Godbole for Petitioner. Mr S.R. Nargolkar, AGP for Respondent Nos.1 to 4 and 6 to 8. Mr R.G. Ketkar for Respondent No.5. Mr Girish Kulkarni with Mr N.V. Bhutekar and Mr S.J. Dixit for Respondent Nos.9 to 11. Mr S.B. Shetye for Respondent No.11. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 23RD JUNE 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. By this petition, the petitioner challenges the order dated 5th August 2007 made by the Regional Caste Verification Committee, Pune holding that the claim of the petitioner that he belongs to Kunbi, which is other backward class category, is not valid. The petitioner was intimated the decision of the Committee on the same issue by communication dated 23rd May 2007 where no reasons were given for the conclusion reached by the Committee. The reasons are given by the order which is at Exh.’J’. Perusal of the order of the Regional Caste Verification Committee shows that as required by the directions issued by the Supreme Court in the judgment in the case of Kum. Madhuri Patil and anr. v/s Additional Commissioner, Tribal Development and ors., reported in (1994) 6 SCC 241, the enquiry was referred to the Vigilance Cell. The Vigilance Cell submitted its report which was in favour of the petitioner, but the Caste Verification Committee discarded that report and held that the caste claim of the petitioner is not valid. An identical situation was considered by the Division Bench of this Court in writ -3- petition No.5874 of 2007 (Yuvraj D. Patil v/s State of Maharashtra and anr.) decided on 27th February 2008 to which one of us (D.K. Deshmukh J.) is a party and it is held that the report of the Vigilance Cell could not have been discarded by the Caste Verification Committee without issuing show cause notice to the petitioner. Following that judgment, the order passed by the Caste Verification Committee, which is impugned in this petition, also has to be set aside. In the result therefore, petition succeeds and is allowed, the order dated 5th August 2007 passed by the Regional Caste Verification Committee, Pune is set aside. The matter is referred back to the Regional Caste Verification Committee, Pune for de novo consideration and decision in accordance with law. Rule is made absolute accordingly with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)