1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8066 OF 2009 Tushar Kailas Khairnar, minor through father Shri Kailas Govind Khairnar ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr R.K. Mendadkar with Mr Kuldip Pawar for Petitioner. Mr S.R. Nargolkar, AGP for Respondent Nos.1,2 and 4. Mr A.A. Joshi for Respondent Nos.4 and 5. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 11TH JANUARY 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. By consent of the parties, name of respondent No.3 is permitted to be deleted. 2] By this petition, the petitioner challenges the order dated 22nd June 2009 passed by the Caste Scrutiny Committee holding that the claim of the petitioner that he belongs to Mahadeo Koli, Scheduled Tribe is not valid. It appears that in the petition, the petitioner has made certain averments that the documents submitted by him have been considered by the Caste Scrutiny Committee. Therefore, on 25th November 2009, a Division Bench of this Court made an order calling for the report from the Police Inspector In-charge of the Caste Committee, Nashik in relation to the averments made in paragraph 6 of the petition. That report is dated 5th January 2010, it is produced before us alongwith the affidavit dated 5th January 2010. In 3 our opinion, as by the report dated 5th January 2010 new facts have come on record, it will be appropriate that the Caste Scrutiny Committee considered the entire matter in the light of the report submitted by the Vigilance Cell after granting the petitioner an opportunity of being heard. In our opinion, therefore, following order would meet the ends of justice. 3] The order dated 22nd June 2009 is set aside, the matter is remitted back to the Caste Scrutiny Committee, Nashik for consideration and decision in accordance with law. It is directed that the Caste Scrutiny Committee shall also consider the report dated 5th January 2010 which has been submitted to this Court by the Deputy Superintendent of Police, Vigilance Cell, after granting an opportunity of being heard to the petitioner. Copy of the report be supplied to the petitioner. Rule is made absolute with no order as to costs. Parties to act on the copy of this order 4 duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )