- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6189 OF 2007 Arun Sitaram Chambhare. ...Petitioner VS. 1.State of Maharashtra & ors. ...Respondents --- Smt.R.K.Mendadkar, for Petitioner. Mr.A.Kumbhakoni, Asst.Advocate General with Mr.C.R.Sonawane, for Respondent nos.1,2 & 4. Mr.S.B.Shetye, for Respondent no.5. Mr.U.B.Nighot with M.B.Kale, for Respondent no.6. 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: 27th February,2008. DATED: 27th February,2008. DATED: 27th February,2008. P.C. P.C. P.C.: 1. Rule returnable forthwith. Heard finally by - 2 - consent of parties. 2. By this petition the petitioner challenges the intimation dated 11.7.2007 intimating that the Regional Caste Verification committee, Pune Division, Pune, has held that the caste certificate issued to the petitioner that he belongs to Kunbi (OBC) caste is invalid, and also the order dated 13.8.2007 giving reasons for the same. We have heard the learned Counsel appearing for both the sides. We have seen the record. It appears from the record that the committee had called for the report from the vigilance cell, that report is dated 9.6.2007. The officer who has submitted the report has opined that after the inquiry he found that the caste of the petitioner is "Hindu Kunbi". The committee, however, has held that the caste certificate issued in favour of the petitioner that he belongs to "Kunbi (OBC)" caste is invalid. We find from the order that though the report submitted by the vigilance cell has been referred to by the committee in the order, the committee has not referred to the conclusion reached by the vigilance cell in its report and has not given any reason why the committee is not agreeable with the conclusion reached by the vigilance cell. In our - 3 - opinion, considering that the vigilance cell report was called by the committee itself, it was necessary for the committee to consider that report in detail and give reasons why the recommendation made by the officer is not acceptable. In our opinion, the committee has made its order without applying mind to the important and material aspect of the matter and therefore, the order of the committee is liable to be set aside. In our opinion, therefore, the following order would meet the ends of justice:- . The intimation dated 11.7.2007 and the order dated 13.8.2007 of the Regional Caste Verification Committee are set aside. The matter is remitted back to the Regional Caste verification committee for denovo consideration, hearing and decision in accordance with law. . Rule is made absolute accordingly. . No order as to costs. (D.K.Deshmukh, J.) - 4 - (V.M.Kanade, J.) ---