1 2-9-3708-10.sxw Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3708 OF 2010 Pradip Pandharinath Gavali .. Petitioner. V/s. State of Maharashtra & Ors. .. Respondents. --- Mr. S.V.Pitre for the Petitioner. Mr. C.R.Sonawane, AGP for the Respondents. --- CORAM : D.K.DESHMUKH AND N.D.DESHPANDE,JJ. DATED: 02nd SEPTEMBER,2010 P.C.: 1 Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. 2 By this petition, the petitioner challenges the order dated 22.03.2010 passed by the Caste Certificate Scrutiny Committee, holding that the claim of the petitioner that he belongs to  Thakar Scheduled Tribe, is not valid. 3 We have heard the learned counsel for both 2 2-9-3708-10.sxw the sides and perused the record. It appears that after the Vigilence Cell Report was received, a copy thereof was sent to the petitioner, the petitioner was directed to appear before the Committee but for some unexplained reasons, the petitioner has neither filed any affidavit before the Committee after the Vigilence Cell Report was served on him nor he has appeared before the Committee. The Committee, therefore, passed the order holding that his claim is not valid. 4 The learned counsel appearing for the petitioner submitted that the petitioner was wrongly advised and, therefore, he did not appear before the Committee. He submits that the petitioner was appointed as a police constable against a reserved seat and that because of the order impugned in the petition, he has already lost his job. According to him, the petitioner should be given one opportunity of being heard before the Committee. He states that till the matter is decided and till the petitioner gets the validity certificate, the petitioner will 3 2-9-3708-10.sxw not make any claim for getting back the service. In our opinion, considering that the petitioner is a young man and he claims that he did not appear before the Committee because of wrong advise given to him, following order would meet the ends of justice. 5 The order of the Scrutiny Committee is hereby set aside. The matter is remanded back to the Scrutiny Committee for fresh consideration. The petitioner to appear before the Scrutiny Committee on 4th of October, 2010. On that day, the Scrutiny Committee shall hand over a copy of the Vigilence Cell Report to the petitioner. The petitioner then, if so advised, file his affidavit with other evidence. Then the Scrutiny Committee shall proceed to pass order in accordance with law. 6 Rule is made absolute accordingly with no order as to costs. Petition is disposed of in the above terms. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)