1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 4400 OF 2010 (Sanjay D. Sorte vs. State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. JULY 14, 2011. Heard Shri Narnaware, learned counsel for the petitioner, Shri Kankale, learned AGP for respondent No. 1 and Shri Sambre, learned Government Pleader for respondent No. 2. Nobody appears for respondent No. 3, though served. One of the contentions of Shri Narnaware, learned counsel is about incompetency of Shri Pathak, who is looked into the matter in the capacity of In-chrge Research Officer. According to him, Shri Pathak is not holding the qualification of M.A. in Sociology or Anthropology. He states that the controversy is covered by the judgment dated 20.06.2011 delivered by this Court in Writ Petition No. 4019 of 2010 (Ku. Sweety Kishor Bhisikar vs. State of Maharashtra & Anr.). Shri Sambre, learned counsel for respondent No. 2 does not dispute the qualifications 2 of Shri Pathak. The learned AGP states that the controversy is between Respondents No. 2 & 3 and the petitioner. In our judgment dated 20.06.2011, we have found Pathak not competent/ qualified and hence the matter has been remanded for fresh consideration. In view of that judgment, present order of the Scrutiny Committee dated 25.11.2009 is hereby quashed and set aside. The matter is remanded to Respondent No. 2 – Scrutiny Committee for fresh consideration, after giving the petitioner an opportunity of being heard. The petitioner to appear before Respondent No. 2 – Committee on 9th August 2011 and shall abide by its further instructions in the matter. The Committee shall attempt to decide the matter afresh as early as possible and in any case within a period of six months after the petitioner appears before it. Writ Petition is disposed of. Rule is made absolute accordingly. No order as to costs. JUDGE JUDGE *GS.