PVR 1 wp6966-08 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6966 OF 2008 Vidya Hemant Thakur. ...Petitioner vs. 1.The State of Maharashtra & ors. ...Respondents --- Mr.R.K.Mendadkar,for Petitioner. Mr.V.A.Gangal with AGP Mr.C.R.Sonawane with Ashok Gade & V.P.Pandey, for Respondents. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 24th August, 2010 P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. By this petition, the petitioner challenges the order of the Scrutiny PVR 2 wp6966-08 Committee dated 16.9.2008 holding that the petitioner s claim that she belongs to Thakur Scheduled Tribe, is not valid. The complaint of the learned Counsel appearing for Petitioner is that after receiving the report of Vigilance Cell, show cause notice dated 12.4.2006 was given to the petitioner to submit explanation in relation to the report of the vigilance cell filed with regard to the surname of the relatives of the petitioner do not tally with the surname found in Thakur Scheduled Tribe. On the aspect of the affinity, there was no show cause notice issued. 2. We have heard the learned Counsel appearing for Respondents. We have perused the record. We find that the report of the Vigilance cell also give finding in relation to affinity and therefore, if the show cause notice was to be given, it was to be given in relation to the entire report. The learned Counsel appearing for Petitioner has stated that the Petitioner is PVR 3 wp6966-08 neither taking any education in any institution nor she is in any service. In view of this, in our opinion, the following order would meet the ends of justice:- The order impugned in the petition is set aside. The matter is remanded back to the Scrutiny Committee. The Petitioner shall appear before the Scrutiny Committee, Thane on 6.9.2010 and submit additional explanation in relation to the report of the Vigilance cell, a copy of which has already been supplied to the Petitioner. The Scrutiny Committee shall thereafter consider the additional explanation and pass a fresh order in accordance with law. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.) ...