vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6215 OF 2007 WRIT PETITION NO.6215 OF 2007 WRIT PETITION NO.6215 OF 2007 Vilas Raghunath Borge ... Petitioner V/s. The State of Maharashtra & Ors. ... Respondents Mr.G.S. Godbole for Petitioner. Mr.Shekhar Jagtap i/b A.A.Kumbhakoni, AAG with Mr.C.R. Sonawane, AGP, for Respondents CORAM: J.N. PATEL & J.N. PATEL & J.N. PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: MARCH 14, 2008 MARCH 14, 2008 MARCH 14, 2008 P.C.: P.C.: P.C.: 1. Rule. By consent of the parties, Rule made returnable forthwith and heard finally. 2. This writ petition has been filed to challenge the intimation dated 11.7.2007 of the Regional Caste Scrutiny Committee, Pune Division, Pune informing the petitioner that the caste certificate issued Sub-Divisional Officer, Bhor that he belongs to the caste Kunbi was invalidated. The Scrutiny Committee has discarded the report of the vigilance cell which records that the petitioner belongs to the Kunbi Maratha caste. This report has been discarded by the committee since : 2 : the caste of the father and grand father of the petitioner was recorded as Maratha. 3. The learned advocate appearing for the petitioner brought to our notice the fact that the petitioner had not been served with a copy of the reasoned decision of the Scrutiny Committee. The petitioner was only intimated of the decision. That intimation was signed by three members of the committee including the Chairman. 4. In our opinion, a mere intimation of the decision of the scrutiny committee is not sufficient. The petitioner ought to have been given the reasons as to why the committee had invalidated his caste certificate. Unless the reasons for the decision are disclosed to the petitioner, it would be impossible for the petitioner to challenge the speaking order of the caste scrutiny committee. This Court cannot judicially review the order in the absence of any reasons in the order served on the petitioner. In our opinion, it was incumbent on the caste scrutiny committee to supply to the petitioner the reasons for invalidation of his caste claim. 5. In such circumstances, the petition is allowed. The intimation and the decision of the caste scrutiny committee holding that the petitioner does not belong to : 3 : the Kunbi caste is set aside. The matter is remanded to the Caste Scrutiny Committee. The petitioner will appear before the Committee on 27.3.2008. The Committee will take a decision within three months from that date. Rule made absolute accordingly. (SMT.NISHITA MHATRE, J.) (J.N. PATEL, J.)