1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO.2150 OF 2007 Sujata Shamrao Wedulwar, age 23 years, occ. household, R/o. Jammu c/o. Suryakant Sanketnagar, Nanded. - - Petitioner versus 1. The State of Maharashtra. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad. 3. The Collector, Nanded. 4. The Sub Divisional Officer, Degloor. Shri A. S. Bayas, Advocate for petitioner. Shri S. K. Kadam, Asstt. Govt. Pleader for Respondents Nos.1, 3 and 4. Shri R. P. Phatke, Advocate for respondent No.2. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 14th September 2009 ORAL ORDER: [ B. R. GAVAI, J.] 1. Rule. Rule made returnable forthwith. Heard by consent. 2 2. The petitioner takes exception to the order passed by respondent No.2 Committee dated 28-3-2006 vide which the claim of the petitioner of belonging to Mahadeo Koli Scheduled Tribe came to be invalidated. It is the contention of the petitioner that the order has been passed without giving an opportunity of being heard to the petitioner. The petitioner submits that the husband of the petitioner was working in Armed Force and at the relevant time was posted at Jammu and, therefore, she could not attend proceedings before the Committee. 3. Learned Counsel appearing on behalf of the respondents, submits that inspite of giving various reminders to the petitioner, the petitioner has chosen to remain absent before the Committee and, therefore, the Committee was required to decide claim of the petitioner in her absence. 4. It appears that the petitioner could not attend the proceedings before the Committee since for genuine reasons she was required to stay with her husband at Kashmir. We find that it would be in the interest of justice that the petitioner is given an opportunity to place material before the Committee in support of 3 her contention. 5. Rule is, therefore, made absolute in terms of prayer clause (A). Matter be remitted back to the respondent No.2 Committee for deciding it in accordance with law. The petitioner is directed to remain present before the respondent No.2 Committee on 29th of September 2009, and as such, the requirement of formal notice shall stand waived. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp215007