1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 298 OF 1998 Vijaysingh Pratapsingh Pawar Vs. State of Maharashtra thr Secretary to Social Welfare Cultural Affairs, Sports & Tourism Deptt. Mantralaya Mumbai & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri Mohan Sudame Adv for petitioner. Smt. Wandile AGP for respondents 1, 2, 4 & 5. Smt. S. W. Deshpande Adv for respondent 3. CORAM: J. P. DEVADHAR & A. B. CHAUDHARI JJ. Dated: 25 th AUGUST, 2010. . Civil Application No. 2277 of 2010: Heard. Amendment allowed. Amendment be carried out forthwith. Writ Petition No. 298 of 1998: 1] Not on board for final hearing. Taken up for final disposal with the consent of the counsel for rival parties. The only 2 point for consideration interalia raised before us is about the constitution of Caste Scrutiny Committee which according to learned counsel for the petitioner falls short of the requirement as per the judgment of the Apex Court in the case of Madhuri Patil Vs. Additional Commissioner Tribal Development A. I. R. 1995 Supreme Court 94. We have seen the interim order recorded by the Caste Scrutiny Committee dated 6th January 1998 and we also find at the end of the order that the same was recorded by two Members of the Committee. The judgment of the Apex Court is delivered prior to this order and therefore the said judgment shall govern the same. We find that the quorum having not been legally constituted for deciding the caste claim, the impugned order will have to be set aside and the proceedings will have to be remitted to the Caste Scrutiny Committee for fresh decision in accordance with law. 2] Smt. Deshpande learned counsel for the Caste Scrutiny Committee does not dispute this legal position. She has no objection for sending the matter back to the Committee for fresh hearing and disposal. In view of above following order is passed: Writ Petition No. 298 of 1998 is partly allowed. Impugned order passed by the Caste Scrutiny Committee dated 6th 3 January 1998 is quashed and set aside. The proceedings are remitted to the Caste Scrutiny Committee for fresh hearing and disposal in accordance with law after hearing the parties and following the procedure that is required to be followed. Needless to say that the points taken up in present petition are kept open for reconsideration of the Committee. In view of this, Writ Petition is disposed of. No costs. The decision be taken within a period of ten months from today. JUDGE JUDGE svk 4 5 6