FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8009 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.S. Thomhare, Advocate for the petitioner Mr. S.K. Tambe, AGP for respondent No.1 Mr. S.T. Shelke, Advocate for respondent No.3. CORAM :- B.R. GAVAI & A.A. SAYED, JJ. DATE :- 18th OCTOBER, 2010. PER COURT :- 1] By way of present petition, the petitioner challenges the validity certificate issued in favour of the respondent No.5 certifying that the respondent No.5 belongs to Kathar Wani Caste, which is notified as OBC. 2] Shri Thombre, appearing on behalf of the petitioner submits that the respondent No.5 has produced various fabricated documents and on the basis of the said fabricated documents, the respondent No.2 has issued a validity certificate in favour of the respondent No.5 3] Shri Jeevan Patil, learned counsel appearing for the respondent No.5 on the contrary raises a preliminary objection. He submits that in view of the judgment of the Division Bench of this Court reported in 2009 (4) BCR 8051, the Committee itself has the jurisdiction to reconsider the matter, if it is alleged that a fraud is practiced on the committee. The learned counsel for the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8009 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 respondent No.5 is right in raising a preliminary objection. 4] The Division Bench of this court in various cases has held that though powers of review are not bestowed with the committee, however, when it is noticed that a validity certificate is obtained by practicing fraud, then the committee will have the jurisdiction to entertain the issue since fraud vitiates the entire solemnity of the proceeding and goes to the root of the matter. 5] In view of the preliminary objection raised on behalf of the respondent No.5, we direct the respondent NO.2 – Committee to consider the matter afresh after giving an opportunity to the petitioner and the respondent No.5 and take appropriate decision within 3 months from today. 6] The petitioner so also the respondent No.5 shall appear before the respondent No.2 committee on 15th November, 2010. As such the requirement of formal notices stands waived. 7] With the aforesaid directions, writ petition is disposed of. [A.A. SAYED, J.] [B.R. GAVAI, J.] grt/- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8009 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3