1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4533/2006 Umesh Kumar Badalsingh Dhumale ..vs.. State of Maharashtra, thr. Secretary to Ministry of Tribal Welfare Department and Others. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Phadnis, Advocate for the petitioner. Mr. Fulzele, A.G.P. for respondents. CORAM: ANOOP V. MOHTA & C. L. PANGARKAR, JJ. DATED : 31 st July, 2008 The petitioner has challenged the order of rejection of his caste certificate. Without going further into merits of the matter, one thing, which is very apparent, that the respondents relied upon the school entry as recorded, which alleged to have been written in different inks, and, therefore, held that the said certificate is false. In the show cause notice, there is no reference made about the said certificate and so called different inks as observed in the Committee's decision referred to in the order. There is no reasoning given on that aspect also. The Vigilance Cell report, 2 otherwise is not adverse to the petitioner but for the observation with regard to this certificate/entry in the school record. We are convinced that the observation goes to the root of the matter, needs to be reconsidered after hearing the petitioner. 3. In view of this, the present petition is allowed. The impugned order dated 05.06.2006 is quashed and set aside. The matter is remanded back to respondent No. 2. The respondents, after giving notice and hearing, shall pass an order, preferably within three months. JUDGE JUDGE kahale