- 1 - Writ Petition No.3114/2009 Heard counsel for the parties. Rule. Shri S.K. Tambe, learned AGP waives Rule notice for respondent nos.1 to 5. Respondent no.6 served. By consent of the learned counsel of both the sides, taken up for final disposal forthwith. By this petition, exception is taken to the decision of the caste scrutiny committee dated 3.3.2009 issued on 4.5.2009. The petitioner claims that he belongs to Kumbhar – Other Backward Class. His caste claim was considered by the scrutiny committee. There was division of opinion amongst the members of the Caste Scrutiny Committee. The two Members have rejected the claim of the petitioner essentially on three grounds. Firstly, that the petitioner failed to produce any document prior to 13.10.1967. Secondly, the evidence, regarding entry of petitioner’s father in the birth register, was not produced. Thirdly, reliance placed on documents, which would indicate the caste of purported relations of the petitioner, the - 2 - petitioner has failed to establish the factum of relation between them, much less that of blood relation. Third Member, however, relying on the documents produced by the petitioner, proceeded to validate the caste claim of the petitioner. Although the petitioner has challenged the approach of the two Members, who have taken adverse view in relation to the documents pressed into service, it is not necessary for us to examine the same in greater detail. It is well established position that if the committee had any doubt regarding the said documents, it was obliged to ask the Vigilance Cell to undertake inquiry and submit its report before proceeding further in the matter. That admittedly has not been done in the present case. The record produced before us does not contain any document to suggest that such inquiry was undertaken. Even the order passed by the scrutiny committee, if read liberally, there is no mention of the fact that Vigilance Cell was asked to enquire into the matter. On this count alone, the petition should succeed. The impugned order passed by the scrutiny committee is set aside. The petitioner is relegated before the scrutiny committee, who shall proceed in the matter afresh in accordance with law. All aspects shall be decided on its own merits by the scrutiny committee afresh. The Vigilance Cell inquiry be completed within four weeks from today. The scrutiny committee, after providing opportunity - 3 - to the petitioner, shall finally dispose of the matter within three months from today. We are inclined to issue such a direction as the petitioner is an elected member of Panchayat Samiti and was elected more than two years back. The scrutiny committee shall submit compliance report within the specified time in the Registry of this Court. Petition disposed of on above terms. (A.M. Khanwilkar, J.) (S.S. Shinde, J.) Dt/- 20.01.2010 ndk/c20110