(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7243 OF 2010 Shaikh Gulab s/o. Shaikh Rahim, Age : 76 years, Occupation : Sarpanch, R/o. Pokhari, Taluka : Georai, District : Beed. .. Petitioner. versus 1. The State of Maharashtra, Through the Secretary, Social Welfare Department, Mantralaya, Mumbai-32. 2. The Scheduled Caste, Vimukta Jati, Nomadic Tribes, Other Backward Class and Special Backward Category, Divisional Caste Certificate Scrutiny and Verification Committee no.1, Aurangabad. .. Respondents. ....................... Mr. S.R. Chowkidar, Advocate, holding for Mr. H.S. Bali and Mr. S.H. Bali, Advocates, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 and 2. ........................ (2) CORAM : B.R. GAVAI & K.U. CHANDIWAL, JJ. DATE : 20TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner challenges the order dated 6th July 2010, passed by the respondent no.2 / Scrutiny Committee, thereby invalidating caste claim of the petitioner, as belonging to "Momin", Other Backward Class. 3. The limited grievance of the petitioner is that when the matter regarding scrutiny of his caste claim was pending before the respondent no.2 / Scrutiny Committee and he had sought an adjournment for producing certain documents, time was not granted and the claim was invalidated. 4. The learned Counsel appearing for the petitioner submits that the petitioner is now in possession of the documents which would show that his caste claim is valid. 5. We find that it would be in the interest of justice, that the respondent / Committee considers the documents which, (3) according to the petitioner, support his claim, before taking away valuable right accrued in favour of the petitioner. 6. In the result, the petition is partly allowed. (i) The impugned order dated 6th July 2010, passed by the respondent no.2 / Scrutiny Committee, is quashed and set aside. The matter is remitted back to the respondent no.2 / Scrutiny Committee for deciding the caste claim of the petitioner afresh, in accordance with law. (ii) The petitioner is permitted to produce additional documents before the respondent no.2 / Scrutiny Committee. It is made clear that this court has not considered the matter on merits and this court has allowed the petition on limited ground that the documents submitted by the petitioner be considered by the Committee. (iii) The respondent no.2 / Scrutiny Committee shall decide the caste claim of the petitioner, on its own merits, within a period of one month from today, after giving reasonable opportunity of hearing to the petitioner. (iv) The petitioner shall remain present before the Committee on 28th September 2010. As such, requirement of formal notice, (4) by the Committee to the petitioner, shall stand waived. 7. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( K.U. CHANDIWAL ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp7243