1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.7335/2009 Ms Varsha Krushna Khairnar ..Petitioner. vs. State of Maharashtra & ors ..Respondents. Mr R.K. Mendadkar with K.T.Pawar,for the Petitioner. Mr C.R. Sonawane, A.G.P.,for Respondent Nos.1 and 2. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 5TH JANUARY,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioner is challenging the order passed by the Scrutiny 2 Committee dated 29-12-2008 holding that the claim of the petitioner that he belongs to Mahadeo Koli, Scheduled Tribe, is not valid. 3. We have heard the learned counsel for both sides. We find from record that the petitioner had relied on a validity certificate dated 21.3.2002 issued by the same Scrutiny Committee in favour of one Bapu Lahu Khairnar who is the real uncle of the petitioner. Perusal of the order shows that though the Scrutiny Committee has referred to the validity certificate issued in favour of the petitioner s brother and has given reasons why they are not relying on that validity certificate, there are no reasons given, why the petitioner cannot rely on the validity certificate issued in favour of his uncle to claim that he is also entitled to grant of validity certificate. In our opinion, validity certificate issued in favour of the uncle of the petitioner was a relevant document and non- application of mind to that relevant document by the Scrutiny Committee. Hence, in our opinion, the 3 order of the Committee suffers from an error of law apparent on the face of the record inasmuch as the Committee has not considered the evidence available before it. The impugned order is invalid for non compliance of principles of natural justice. In our opinion, the following order would meet the ends of justice. ORDER 1. The order impugned in the petition is set aside. Matter is remanded to Respondent No.2 for de novo inquiry and decision in accordance with law. 2. Rule is made absolutely accordingly. 3. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J)