1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2286 OF 2007 Deepak S/o Prakash Sarje, Age : 27 Years, Occu. : Service, R/o Kond, Taluka Osmanabad, District Osmanabad. .. .. Petitioner Versus 1. The State of Maharashtra 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. 3. The Head Master, Shri Samarth Ashram Shala, Yevati, Tq. and District Osmanabad. .. .. Respondents Shri P. V. Jadhavar, Advocate for the Petitioner. Shri S. K. Kadam, Advocate for the Respondent No. 1. Shri U. S. Malte, Advocate for the Respondent No. 2. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 12TH AUGUST, 2009. 2 ORAL ORDER [Per B. R. Gavai, J.] : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. In an identical case filed by the first cousin of the petitioner namely Usha Sarje bearing writ petition No. 2285/2007, this Court has quashed and set aside the order passed by respondent No. 2/Committee, on the ground that the Committee which had passed the order had not heard the petitioner. 3. Since the facts of the present petition are identical with the facts in writ petition No. 2285/2007. Therefore, the present petition is allowed in following terms. a) Rule is made absolute in terms of prayer clause "B". b) The matter is remitted back to respondent No. 2/Scrutiny Committee to decide the claim of petitioner. c) The petitioner to appear before the respondent No. 2/Committee on 07th September, 2009. d) After the petitioner appears before the committee, the matter would be decided on its own merits by the respondent No. 2/Committee within a period of four months. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09