IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5344 OF 2007 WRIT PETITION NO. 5344 OF 2007 WRIT PETITION NO. 5344 OF 2007 Raju Vithal Bhingare ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents Mr.R.K. Mendadkar for the Petitioner. Mr.C.R. Sonawane, AGP for Respondent No.1 and 2. Mr.Chaitrali Deshmukh i/b. Mr.Vineet B. Naik for Respondent No.3. Mr.Sachin B. Shetye for Respondent No.4. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 17, 2008 DATED : JANUARY 17, 2008 DATED : JANUARY 17, 2008 P.C. :- P.C. :- P.C. :- 1. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. The only order challenged in this petition, according to the petitioner, is the order passed by the Caste Scrutiny Committee dated 13th August, 2007 holding that the petitioner has not been able to prove that he belongs to Hindu Koli - Special Backward Category. 3. We have heard the learned Counsel for the petitioner. We have perused the record. It appears - 2 - that in the primary School Leaving Certificate of the father of the petitioner, his caste is mentioned as ’Hindu Koli’. The Caste Scrutiny Committee invalidated the caste claim of the petitioner only because in the primary school record of the petitioner, his caste is shown as ’Maratha’. In our opinion, the Caste Scrutiny should have granted an opportunity to the petitioner explaining in what circumstances wrong entry came to be made in his school record. The petitioner though was elected as a member of the Municipal Council, his election has already been set aside and therefore, that aspect of the matter is not challenged. The petitioner has already lost his seat. In our opinion, in these circumstances, the petition deserves a detailed inquiry in his caste claim. In our opinion, therefore, following order would meet the ends of justice :- (1) Order of the Caste Scrutiny Committee impugned in the petition dated 13th August, 2007 is set aside. (2) Matter is remanded back to that committee - 3 - for denovo consideration and decision, in accordance with law. 4. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)