1 WP No.3532/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3532 OF 2010 Shivanand Prakash Jamadar ... Petitioner versus State of Maharashtra & ors. ... Respondents ... Mr. R.K.Mendadkar for the petitioner. Mr.C.R.Sonawane, AGP for respondent nos.1 to 4. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 11th October 2010 P.C. 1. Rule returnable forthwith. Heard finally by consent of the parties. 2. By this petition, petitioner challenges the order passed by the Scrutiny Committee dated 10th February 2010 holding that the caste claim of the petitioner that he belongs to Mahadeo Koli Schedule Tribe is not valid. 3. We have heard learned counsel for both the sides. We find from the record that the petitioner had relied on validity certificate issued by the Scrutiny Committee in favour of Sanjay Kashinath Jamadar holding 2 WP No.3532/10 that he belongs to Mahadeo Koli Schedule Tribe. Perusal of the order of the Scrutiny Committee shows that the Scrutiny Committee does not dispute that he is related to the petitioner but the Scrutiny Committee has not gone through the record on the basis of which Sanjay Jamadar was granted validity certificate and has disregarded that certificate. In our opinion, the proper course of action for the committee was to call for the record of the Scrutiny Committee in case of Sanjay Jamadar to find out in what circumstances validity certificate was granted in favour of Sanjay Jamadar. For example, if the Scrutiny Committee finds that validity certificate was granted to Sanjay without complying with the mandatory requirement for calling of for vigilance cell report then the Scrutiny Committee may be justified in not relying on that certificate but for that purpose, record of the case will have to be called and enquiry will have to be held. In these circumstances, therefore, in our opinion, following order would meet the ends of justice. O R D E R 4. The order dated 10th February 2010 impugning the petition is set aside. The matter is remitted back to the Scrutiny Committee for denovo enquiry in accordance with law and in the light of the observations made above. Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)