1 WP No.5321/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5321 of 2010 Khajamiya Baba Patel & ors. ... Petitioners versus Anil Amrut Medekar & ors. ... Respondents ... Mr. G.S.Godbole i/B V.M.Mali for the petitioners. Mr. R.K.Mendadkar for respondent no.1. Mr.S.R.Nargolkar AGP for respondent nos.3 and 4. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 7th September 2010 P.C. 1. Rule returnable forthwith. Heard finally by consent of the parties. 2. By this petition, petitioner challenges the order of the Scrutiny Committee granting validity certificate in favour of respondent no.1 certifying that he belongs to Laman Banjara Tribe. It is common ground that before issuing this certificate no vigilance cell enquiry was conducted and no report of the vigilance cell was called by the scrutiny committee. The respondent no.1 has consented to the order that we 2 WP No.5321/10 make. The validity certificate impugned the petition is set aside. The matter is remanded back to the Scrutiny Committee for fresh enquiry and decision in accordance with law. 3. While holding the enquiry, the Scrutiny Committee shall ignore the School Leaving Certificate dated 25th June 2008 in relation to one Omkarsing Medekar. Learned counsel appearing for respondent no.1 after taking instructions from Respondent no.1’s father who is present in Court has stated that during the pendency of the enquiry before the Scrutiny Committee, he will not attend the meetings of the New Bombay Municipal Corporation and shall not take allowances from the New Bombay Municipal Corporation. 4. The Scrutiny Committee is directed to hold enquiry and pass order in accordance with law as expeditiously as possible, in any case within a period of three months from today. Petition is disposed of. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)