1 W.P.No.5739/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.5739 OF 2009. Naseem Begum W/o Shaikh Farid, Age 28 years, Occ.Member Grampanchayat Ashti, Resident of Ashti Taluka Partur, Dist.Jalna. ... Petitioner. Versus 1. The State of Maharashtra through Secretary, Rural Development, Mantralaya, Mumbai. 2. Caste Certificate Scrutiny Committee No.1,Aurangabad Division, Aurangabad. 3. The Collector, Jalna. ... Respondents. ... Mrs.A.N.Ansari, advocate for the petitioner. Mr.N.R.Shaikh, Asstt.Govt. Pleader for the State. ... CORAM : NARESH H.PATIL & : S.V.GANGAPURWALA,JJ. Date : 01.02.2011. 2 W.P.No.5739/09 ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1. Heard. 2. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 3. The petitioner assails the order dated 3l.7.2009, passed by the Respondent No.2 Committee, thereby invalidating the caste claim of the petitioner as belonging to 'Beldar' caste. 4. Mrs. Ansari, learned counsel for the petitioner states that the petitioner was not served with the copy of the Vigilance Cell report. The principles of natural justice were violated. As such the said judgment deserves to be set aside. The learned counsel also further submitted that the documents and record clearly substantiates the claim of the petitioner as belonging to 'Beldar' Nomadic Tribe. The same have not been properly construed by the 3 W.P.No.5739/09 Committee. 5. The learned Asstt Govt. Pleader for the Respondents submits that with the available evidence on record, the Tribunal could not have issued the validity certificate in favour of the petitioner. The petitioner had not produced any old record substantiating her claim. Ample opportunity was given to the petitioner. 6. We had inquired with the learned Asstt. Govt.Pleader as to whether there is any record showing that the copy of the Vigilance Cell report was served on the petitioner. On perusing the record, the learned Asstt. Govt.Pleader fairly submitted that there is no proof of service of Vigilance Cell report on the petitioner. 7. The principles of natural justice require that the petitioner should be served with the copy of the Vigilance Cell report and should be given an opportunity to file her say to the same. As the cardinal principles of natural 4 W.P.No.5739/09 justice are violated, we are inclined to set aside the judgment on the said count and relegate the petitioner to the Committee for fresh decision. 8. In the result, the impugned order is quashed and set aside. The petitioner shall appear before the Committee on 21.2.2011 at 11-00 a.m. The Committee shall serve the copy of Vigilance Cell report on the petitioner. After receipt of copy of report the petitioner shall file reply if the petitioner desires and thereafter the committee shall decide the caste claim of the petitioner within three months from 2lst February 2011 and communicate the decision to the petitioner immediately. Rule is made absolute in the above terms with no order as to costs. (S.V.GANGAPURWALA,J.) (NARESH H.PATIL,J.) asp/office/wp573909 5 W.P.No.5739/09