-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.2706 OF 2008 NO.2706 OF 2008 NO.2706 OF 2008 Smt Nanda Haresh Gawand ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr R.K. Mendadkar for Petitioner. Mr A.H. Palekar, AGP for Respondent Nos.1 and 2. Mr S.V. Dhakephalkar for Respondent No.3. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. By this petition, the petitioner challenges the order passed by the Caste Certificate Scrutiny Committee, Mumbai dated 6th February 2008 holding that the Caste Certificate issued by the Sub-Divisional Officer, Thane in favour of the respondent No.3 that she belongs to Loniya, which is other backward class category, is valid. It is common ground that before recording that finding, the Caste Certificate Scrutiny Committee, did not call for the report from the Vigilance Cell which is mandatory as per the directions issued by the Supreme Court in case of Kum. Madhuri Patil and anr. v/s Additional Commissioner, Tribal Development and ors., reported in (1994) 6 SCC 241. It is thus clear that the order impugned in the petition is made in breach of the mandatory requirement as per the Supreme Court’s judgment quoted above. In our opinion, therefore, following order would meet the ends of justice. 3. The order impugned in this petition is set -3- aside, the matter is remitted back to the Caste Certificate Scrutiny Committee, Mumbai for hearing and decision in accordance with law. Rule is made absolute with no order as to costs. All contentions available to both the sides are kept open. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary as true copy. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)