1 WP9465/05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9465 OF 2005 Shankar M. Jewale ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr Madane i/b Mr R.K. Mendadkar and Mr H.K. Mandlik for Petitioner. Mr C.R. Sonawane, AGP for Respondent Nos.1 to 4. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 13TH DECEMBER 2010. 2 WP9465/05 P.C. :- 1] By this petition, the petitioner challenges the order passed by the Scrutiny Committee holding that the claim of the petitioner that he belongs to Koshti, Special Backward Class is not valid. The learned counsel appearing for petitioner submits that the Scrutiny Committee had called for Vigilance C ell report. In the said report, a finding is recorded that the petitioner belongs to Koshti caste and therefore without issuing show-cause notice to the petitioner, asking the petitioner to show cause why the Committee should not disagree with the Vigilance Cell report, the Committee could not have disagreed with the report of the Vigilance Cell. We have perused the record. Perusal of the record shows that the report of the Vigilance Cell is dated 14th March 2005. The Vigilance Cell has found that the petitioner belongs to Village Salegaon, Taluka Aland, District Gulbarga, Karnataka. The Vigilance Cell made enquiry in that village and it found that in that village, only two houses were belonging to 3 WP9465/05 Hatkar caste and others either belonging to Lingayat or Maratha castes. The Vigilance Cell further found that the petitioner s uncle and other relatives were belonging to Hatgar caste. The entire discussion in the report is about entries made regarding caste and they belong to Hatgar caste. Only in the penultimate paragraph, the Vigilance Cell has said contrary to evidence collected by itself that the petitioner belongs to Hindu Koshti caste. In our opinion, perusal of the Vigilance Cell report, especially evidence collected by it, clearly shows that the entire report shows that the petitioner belongs to Hatgar caste. Even the caste certificate issued in favour of the petitioner s father shows that he belongs to Hindu Hatgar caste. Therefore, there is no question of the petitioner being Koshti by caste. In our opinion, considering the material collected by the Vigilance Cell, the sentence in the penultimate paragraph of the Vigilance Cell report that from the material collected by the Vigilance Cell, it appears that the petitioner is Koshti by caste is obviously 4 WP9465/05 a mistake and therefore, it was not necessary for the Scrutiny Committee in the face of overwhelming material that was before it to issue show cause notice to the petitioner in relation to the Vigilance Cell report. The learned counsel further submitted that the caste validity certificate has been issued in favour of the cousin of the petitioner by the Scrutiny Committee. Taking overall view of the matter therefore, in the face of the overwhelming material available on record which shows that the petitioner belongs to Hatgar caste and not to Koshti, Special Backward Class, this Court will not be justified in upsetting the order of the Scrutiny Committee which is in consonance of the material on record in its extraordinary jurisdiction under the Constitution. Petition therefore fails, rule is discharged with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. 5 WP9465/05 Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE N.D. DESHPANDE )