1 wp1283.07 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1283 OF 2007 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri S.C. Yeramwar holding for Shri A.S. Golegaonkar, Advocate for petitioner. Shri K. G. Patil, A.G.P. for the respondent/State. Shri S.T. Shelke, Advocate for respondent no.7 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 7th July, 2011. . The grievance of the petitioner in the present Petition is that he was not afforded a personal hearing before the Scrutiny Committee i.e. respondent no.2 while deciding his caste claim on 15th February, 2007. 2. We have perused the record and we have found that an intimation was sent by the Committee about the hearing of the matter on 25.01.2007 to the office of the Municipal Council instead of sending it to the petitioner directly, as he was a Councillor. That communication was received by the petitioner on 2nd February, 2007. In 2 wp1283.07 fact the Chief Officer of the Municipal Council informed the Committee on 29.01.2007 that it had not been possible to inform the petitioner the date of the hearing since he had received the letter only on 24.01.2007. However, as per the intimation, the petitioner was required to be present on 25.01.2007 for a hearing before the committee. He was unable to remain present in these circumstances. 3. Thus, the petitioner had no opportunity to be heard before the Scrutiny Committee. There is no doubt that the petitioner had submitted his written submissions prior to the impugned order being passed. However, it is well settled that a personal hearing is mandatory in such matters. 4. In these circumstances, the impugned order is set aside. The Scrutiny Committee will decide the caste claim of the petitioner after affording him a personal hearing. The petitioner shall be present before the Committee on 1st August, 2011 at 11 a.m. The Committee will decide the claim of the petitioner within six months from 1st August, 2011. 3 wp1283.07 5. The Petition is disposed of, accordingly. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/wp1283.07