pvr 1 WP5965-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5965 OF 2010 Prashant Vishwanath Tungar. ...Petitioner vs. 1.State of Maharashtra & ors. ...Respondents --- Mr.R.K.Mendadkar, for Petitioner. Mr.C.R.Sonawane, AGP for Respondent nos.1to3, 5. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 30th September, 2010 P.C.: 1. Rule, returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioner challenges the order passed by the Scrutiny committee holding that the claim of the petitioner that he belongs to  Kunbi O.B.C. is pvr 2 WP5965-10 not valid. We have heard the learned Counsel appearing for both the sides. Perusal of the record shows that in terms of the judgment of the Supreme Court in the case Kum.Madhuri Patil Vs. Addl.Commissioner, Tribal Dept, 1994(6) SCC 241 report of Vigilance cell was called by the Scrutiny Committee. That report is dated 16.10.2009 and that report is in favour of the petitioner. Therefore, there were two options open to the Scrutiny Committee viz. (i) either to accept the report and hold that the caste claim of the petitioner is valid or (ii) if the Committee is of the opinion that the report is not correct then to issue notice to the petitioner making him aware of the intention of the Committee to disagree with the report of the Vigilance Cell and then proceed to hold inquiry. In the present case, admittedly, the Scrutiny committee has not issued any show cause notice and has disagreed with the report of the vigilance cell. In our opinion, this is contrary to the law laid down by the Supreme Court in pvr 3 WP5965-10 Madhuri Patil case as also to the principles of natural justice. Therefore, in our opinion, the following order would meet the ends of justice:- 1. The order impugned in the petition is set aside. The matter is remitted back to the Scrutiny Committee for fresh consideration and decision in accordance with law. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)