1 wp6497.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6497 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri M.S. Nilwant holding for Shri S.B. Talekar, Advocate for the petitioner. Shri S.K. Kadam, A.G.P. for the respondent/State. Shri. Shrikant Patil, Advocate for respondent no.4. Shri K.D. Bade Patil, Advocate for respondent no.5. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 5th July, 2011. . The petitioner has approached this Court against the order passed by the Caste Scrutiny Committee on 31st July, 2009. One of the contentions of the petitioner is that the Vigilance Cell Report was not furnished to him, before the Committee decided his tribe claim. 2. The learned A.G.P. very fairly conceded that from the record it is apparent that the Report of the Vigilance Cell was not furnished to the petitioner. 2 wp6497.09 3. It is now well settled that the report of the Vigilance Cell must be furnished to the petitioner, so that the petitioner has an opportunity to demonstrate before the Scrutiny Committee, whether report is correct. 4. In these circumstances, the impugned order is set aside. The Scrutiny Committee will decide the tribe claim of the petitioner, after furnishing to him the report of Vigilance Cell. The report shall be furnished to him within two weeks from today. The petitioner to appear before the Committee on 1st August, 2011 at 11 a.m. The Committee shall decide the claim of the petitioner within four months thereafter. 5. The petitioner is studying in the first year B.D.S. course with Respondent no.4. We direct the respondent nos. 4 and 5 not to take any adverse action against the 3 wp6497.09 petitioner for not submitting the caste validity certificate for a period of five months from today. 3. The Petition is disposed of accordingly. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/wp6491.09