-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 6283 of 2009 Tayyappa Kallappa Koli. ..Petitioner. Versus The State of Maharashtra & Others. ..Respondents. Mr. Vaibhav Parshuramey a/w Mr. Ashish Gaikwad i/b YKS Legal for the Petitioners. Mr. C. R. Sonawane, AGP for the Respondents nos. 1 to 3– State. Coram : S. B. Mhase & R. M. Savant, JJ. Date : August 25, 2009. P. C. : 1. Heard. Rule returnable forthwith. 2. The Petitioner claims the social status of Mahadeo Koli. By the order dated 24th June 2009 the Respondent – Scrutiny Committee has invalidated the claim of the petitioner. We need not go into the merits of the case. We find that the grievance of the Petitioner will stand redressed if the matter is remanded back to the Scrutiny Committee on a point that the vigilance cell report which is adverse to the Petitioner was not served on the Petitioner. -: 2 :- 3. Learned counsel for the petitioner states that the vigilance cell report is dated 4th October 2008 and the same has been referred in the order of the Scrutiny Committee, from which it appears that it is adverse to the Petitioner. However, the said report was never served upon the Petitioner and an opportunity to meet out the same was not given to the Petitioner as contemplated in Madhuri Patil’s case. 4. A reply has been filed by the Respondents. In paragraph no. 4 of the said reply it is admitted by the Respondents that the said report was not given to the Petitioner. In view of this admission, we find that the grievance made by the Petitioner that the vigilance cell report which is adverse to him was not given to him stands admitted. In view of this the order of the Scrutiny Committee stands vitiated as it is not in consonance with the directions given by the Apex Court in Madhuri Patil’s case. 5. Therefore, we set aside the order dated 24th June 2009 passed by the Scrutiny Committee in the matter of the caste validation of the petitioner and remand the matter back to the Scrutiny Committee. -: 3 :- The Scrutiny Committee is directed to give a copy of the vigilance cell report to the Petitioner and shall also give reasonable time to the Petitioner to meet out the adverse vigilance cell report. The Scrutiny Committee shall allow the Petitioner, if he so desires, to produce any evidence to meet out the grounds raised in the said vigilance cell report. The matter shall be decided on its own merits in accordance with the law and procedure, without being in any manner influenced by the instant order. The Scrutiny Committee is directed to dispose of the matter within a period of 12 weeks from the date of receipt of a copy of this order. 6. Rule is accordingly made absolute. (R.M.SAVANT, J.) (S.B.MHASE, J.)