: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5386 OF 2005 WRIT PETITION NO.5386 OF 2005 WRIT PETITION NO.5386 OF 2005 Shri Umaji Manglu Borse .. Petitioner. Versus Shri Sanjay Kantilal Chavan & Ors. .. Respondents. Mr.G.S.Godbole & Ms.Manjiri Parasnis for the petitioner. Mr.R.S.Apte i/b.Mr.R.K.Mendadkar for respondent No.1. Mr.C.R.Sonawane, A.G.P. for respondent Nos.2 to 5 & 7. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & R.Y. GANOO, JJ. R.Y. GANOO, JJ. R.Y. GANOO, JJ. DATE : 3rd July, 2008. DATE : 3rd July, 2008. DATE : 3rd July, 2008. P.C.: P.C.: P.C.: 1. By consent of parties, the petition is disposed off in the following terms :- a) Caste Validity Certificate dated 21.4.2001, copy of which is at "Exhibit-L" "Exhibit-L" "Exhibit-L" to the petition is set aside. b) The matter is remitted back to the Scrutiny Committee for de-novo consideration and decision in accordance with law. c) All the contentions that may be available to both the sides are kept open to be urged before the Scrutiny Committee. : 2 : d) Considering that the Certificate was issued in the year 2001, the Scrutiny Committee shall make its order on remand as expeditiously as possible and in any case within a period of 2 months from the date of receipt of the order. e) The Scrutiny Committee while deciding the matter shall not rely on the order dated 5.10.1996 passed by the Chief Judicial Magistrate, Satana in Enquiry Case No.10 of 1996 and the modification made in the record. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)