IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2177 OF 2008 Janardan Ramaji Benduk ..Petitioner V/s. State of Maharashtra & Others ..Respondents Mr.R.K. Mendadkar for the petitioner. Mr.M.P. Thakar, AGP for respondent Nos.1 and 2. Mr.Sameer Sawant for respondent No.3. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 22ND JULY, 2008 P.C. : 1. Rule. Rule returnable forthwith. By consent of both the counsel, taken up for final hearing at this stage. 2. By this petition, the petitioner challenges the order passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane dated 23-10-2007. By that order, the Committee has held that the certificate issued by the Executive Magistrate that the petitioner belongs to Mahadev Koli - Scheduled Tribe is not valid. We have heard learned counsel appearing for both the sides. We find that the matter was referred for enquiry to the Vigilance Cell by the Scrutiny Committee. The Vigilance Cell submitted its report. In the report, it was stated that in the School record of Mr.Ramji Balu Benduk, an entry is made that he belongs to Hindu Koli Caste. It was also reported that petitioner’s brother Mahadu Ramji Benduk was also admitted in School and his Caste is shown as Hindu (Koli Mahadev). After getting copy of the report, the petitioner submitted his reply. In para 3 of his reply, he stated that the claim made in the Vigilance Cell Report that the School record of the father of the petitioner Ramji shows that his Caste is Hindu Koli is not correct. It was claimed by him that the school record is of some other Ramji Balu Benduk. The petitioner claimed that his father was illiterate. He never attended any school. Perusal of the order shows that though the order refers to the entry in the school record in relation to Ramji Balu Benduk, the order nowhere considers the defence put up by the petitioner that Ramji Balu Benduk of whose school record is relied upon by the Vigilance Cell is not really his father. 3. In our opinion, therefore, the order of the Committee which is a quasi-judicial authority suffers from non application of mind to relevant material. The defence raised by the petitioner was relevant and, therefore, it was the duty of the Committee to apply its mind to the defence and either reject it or accept it. In our opinion, the order made by the Committee suffers from breach of principles of natural justice in asmuch as the defence raised by the petitioner as indicated above has not been considered and hence the order has to be set aside. In our opinion, therefore, following order would meet the ends of justice. 4. The order dated 23-10-2007 passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane is set aside. The matter is remanded back to the Committee for fresh consideration and decision in accordance with law. 5. Rule is made absolute accordingly with no order as to costs. D.K. DESHMUKH, J. J.P. DEVADHAR, J.