1 wp3135.07 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3135 OF 2007 WITH CIVIL APPLICATION NO.6453 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 1st August, 2011 Shri S.C. Yeramwar Advocate holding for Shri A.S. Golegaonkar Advocate for the Petitioner. Shri K.G. Patil, A.G.P. for Respondent No.1. Shri S.S. Halkude, Advocate for Resp. Nos.3 & 4. --------- 1. The petitioner is aggrieved by the order passed by the Caste Scrutiny Committee, on 28.2.2007. The petitioner claims that he belongs to the Koli Mahadeo Scheduled Tribe, but his caste claim has been invalidated. According to the Petitioner, the committee has decided his caste claim exparte, as no notice was received by him in respect of the date of hearing. According to the petitioner, a letter dated 24.1.2007 was issued, directing him to be present before the committee on 31.1.2007. According to 2 wp3135.07 the petitioner, he received this letter on 3.2.2007 i.e. after the date of hearing. In his pleadings, he has disclosed that there were holidays on 26th, 27th, 28th and 30th January and, therefore, he received the said letter after the date of hearing. 2. The learned Asstt. Govt. Pleader appearing for the scrutiny committee has verified the record and fairly stated that although there is a record regarding issuance of the letter, the acknowledgment of the petitioner of having received that letter, is not available. 3. In these circumstances, we are left with no other option, but to set aside the impugned order and to remand the matter to the scrutiny committee. This is because, it is now well settled that a candidate before the scrutiny committee must be afforded a personal hearing. 4. Accordingly, the writ petition is disposed of, by setting aside the impugned order. The scrutiny committee will decide the petitioner's tribe claim afresh, within four months from today. The petitioner will be present before the scrutiny committee on 22.8.2011. 3 wp3135.07 5. It appears that an order has been passed in this petition on 8.6.2007, directing respondent Nos. 3 and 4 not to fill in the vacancy without considering the petitioner's claim. In these circumstances, the vacancy shall not be filled in for a period of four months. Civil Application dismissed, in view of the fact that the petition is disposed of. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) pnd/wp3135.07