1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2360 OF 2007 Ashalata W/o Prabhakar Gore .. Petitioner Versus 1. Scheduled Tribe Certificate Scrutiny Committee, Through its Member Secretary and others .. Respondents Shri S. M. Kulkarni, Advocate for the Petitioner. Shri U. S. Malte, Advocate for the Respondent No. 1. Respondent Nos. 2 and 3 served. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 09TH SEPTEMBER, 2009. ORAL ORDER [Per B. R. Gavail, J. ] : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner is challenging order dated 29th March, 2007 passed by the respondent No. 1/Committee thereby invalidating caste claim of petitioner belonging to Koli Mahadev Scheduled Tribe. 3. It is the specific contention of the petitioner that, prior to 2 issuance of impugned order, he was not served with the copy of vigilance report. Though, Shri Malte, learned counsel appearing on behalf of Respondent No. 1 disputes this contention, he is not in a position to produce any material on record to substantiate that the report of vigilance cell, in fact, was served upon the petitioner. In that view of the matter, we find that, the petition deserves to be allowed for non compliance of required procedure mentioned in Rule 12 (8) of the Rules of 2003. 4. Rule is made absolute in terms prayer clause "B". 5. Matter is remitted back to the respondent No. 1/Committee for deciding claim of the petitioner. The petitioner shall appear before the Committee on 29th September, 2009. On appearance of petitioner a copy of the vigilance report shall be given to the petitioner. In that view of the matter requirement of formal notice to the petitioner shall stand waived. 6. After the report of vigilance cell is handed over to the petitioner, caste claim of the petitioner would be decided in accordance with law within a period of four months thereafter. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Sept. 09