1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 1182/2011 (Ku. Hira d/o. Panjabrao Dahikar V/s. The State of Maharashtra and anr) ------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 14.07.2011 1. Heard Advocate Shri. Patil for petitioner and the learned APP for respondent no. 1 & 2. Perused earlier order of this Court dated 22/07/2010, in Writ Petition No. 1773/2010. By this order, the order of Scrutiny Committee is set aside as it was ex- parte. Petitioner was given an opportunity to lead the evidence. 2. Advocate Shri. Patil states that thereafter the petitioner filed application seeking leave to cross-examine the witnesses as per legal advice and that has been rejected and impugned order came to be passed on 22.12.2010. 2 3. He contends that petitioner should be given opportunity to lead evidence to substantiate his caste claim as belonging to “Nhavi Banjara” (VJ). 4. Learned AGP invites attention to reply affidavit to urge that in the light of law as laid down, request for cross-examination was correctly rejected and as petitioner did not lead any other evidence, caste claim has been correctly invalidated. 5. Petitioner admittedly is in service and his counsel has sought opportunity not for cross-examination but for leading evidence. Hence we are inclined to give petitioner that opportunity in present facts. Only for that purpose, impugned order dated 22.12.2010 is hereby quashed. Petitioner is directed to appear before respondent no. 2 - Committee on 16.08.2011 and to move fresh application seeking leave to lead evidence disclosing names of witnesses proposed to be examined. Scrutiny Committee shall after considering relevance of the evidence sought to be adduced, permit petitioner an opportunity to lead such evidence as it finds appropriate and relevant. 6. The final adjudication of the caste claim shall be completed within period of six months from the date of which petitioner is directed to appear before Committee. 3 7. With these directions and observations petition is disposed of. No costs. JUDGE JUDGE Punde