: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6909 OF 2006 WRIT PETITION NO.6909 OF 2006 WRIT PETITION NO.6909 OF 2006 Shri Vijay Baburao Salokhe .. Petitioner. Versus The State of Maharashtra & Ors. .. Respondents. Mr.N.V.Walawalkar i/b.Mr.Rahul Walvekar for the petitioner. Mr.C.R.Sonawane, A.G.P. for respondent Nos.1 and 2. Mr.R.K.Mendadkar for respondent No.3. Mr.S.S.Patwardhan for respondent No.4. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & R.Y. GANOO, JJ. R.Y. GANOO, JJ. R.Y. GANOO, JJ. DATE : 3rd July, 2008. DATE : 3rd July, 2008. DATE : 3rd July, 2008. P.C.: P.C.: P.C.: 1. By this petition, the petitioner challenges the order passed by the Regional Caste Verification Committee, Pune Division, Pune dated 7.10.2006 holding that the caste certificate issued by the Executive Magistrate in favour of the petitioner that he belongs to "Kunbi" caste which : 2 : is Other Backward Class, is not valid. 2. For the purposes of disposing off this petition, it is necessary to narrate few facts. 3. The caste certificate of the petitioner was sent to the Scrutiny Committee for verification. As required by the directions issued by the Scrutiny Committee in its judgement in the case of Kumari Madhuri Patil & Anr. v/s. Kumari Madhuri Patil & Anr. v/s. Kumari Madhuri Patil & Anr. v/s. Addl. Commissioner, Tribal Development & Ors. (1994) 6 Addl. Commissioner, Tribal Development & Ors. (1994) 6 Addl. Commissioner, Tribal Development & Ors. (1994) 6 S.C.C. 241, S.C.C. 241, S.C.C. 241, the Scrutiny Committee referred the matter for enquiry to the Vigilance Cell. The Vigilance Cell submitted its report. 4. Perusal of the order by which the Scrutiny Committee has held that the claim of the petitioner that he belongs to "Kunbi" caste is not valid shows that the Committee has referred to the report of the Vigilance Cell and has relied upon the same. The petitioner in the petition, in paragraph 5 has categorically averred that after the Vigilance Cell submitted its report, the Committee directed the petitioner to file his say but copy of that report was not supplied to the petitioner. The same averment is repeated in paragraph 8(7) of the petition. On behalf of the Scrutiny Committee, an : 3 : affidavit-in-reply has been filed and this averment that copy of the report of the Vigilance Cell was not supplied to the petitioner has not been denied. On the contrary, in the affidavit-in-reply, the Committee has again referred to the Vigilance Cell report in detail. It is an established position on record that the report of the Vigilance Cell, which has been relied upon by the Committee, copy of that report was not supplied to the petitioner and the Committee relied upon that report without giving the petitioner, an opportunity to submit his point of view in relation to the report of the Vigilance Cell. This is clearly in breach of the principles of the natural justice because the Scrutiny Committee is a quasi judicial Authority and, therefore, before relying on any material for recording of finding against the petitioner, it was the duty of the Committee to supply that material to the petitioner and give him an opportunity to submit his point of view in relation to that material. 5. The order of the Scrutiny Committee which is impugned in the petition is, therefore, passed in clear breach of the principles of the natural justice and, therefore, is liable to be set aside. : 4 : 6. In our opinion, following order would meet the ends of justice :- a) The order of the Scrutiny Committee dated 7.10.2006, impugned in this petition is set aside. The matter is remitted back to the Scrutiny Committee for de-novo consideration and decision in accordance with law and the observations made above. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)