1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.651 OF 2009 Shahid Sikandar Shaha, Age-19 years, Occu-Student, R/o.Nadgaon, Near Kumbhar Wada, Tq.Bodwad, Dist.Jalgaon PETITIONER VERSUS 1. The State of Maharashtra Through the Principal Secretary, Social Welfare Department, Mantralaya Mumbai 2. The Scheduled Caste, Vimukt Jati, Nomadic Tribe, Other Backward Classes and Special Backward Classes, Caste Certificates Verification Committee, Kanshri Tower, Near Rachana Hall, Parola Road, Dist.Dhule. (Through its Member Secretary, and Divisional Social Welfare Officer, Nashik. 3. The Registrar, North Maharashtra University, Jalgaon. 4. The Principal, Government College of Engineering, N-6, C/o.Government Polytechnic Campus, Jalgaon, Tq.Jalgaon, Dist.Jalgaon RESPONDENTS 2 Mr.A.S.Bayas, learned counsel for the petitioner Mr.V.B.Ghatge, learned AGP for respondent no.1,3 and 4 Mr.B.L.Sagar (Killarikar), learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 04/09/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsels for the parties, this petition is heard finally at the stage of admission. 2. This petition under Article 226 of The Constitution of India impugns the order of the respondent Scrutiny Committee dated 9/14th January 2009 invalidating the tribe claim of the petitioner as belonging to Chhapparband V.J.N.T. In the light of the limited nature of challenge raised in this petition, we deem it appropriate to decide this petition finally at this stage. Shri.Bayas, learned counsel for the petitioner has urged before us that the order of the respondent Scrutiny Committee stands vitiated on account of not providing a copy of the report of the Vigilance Cell to the petitioner. What was sent to the petitioner vide communication dated 11/12/2008 was a gist of the report of the Vigilance Cell. Under the relevant Law, the petitioner is entitled to receive the copy of the report of Vigilance Cell and thereafter to respond to the same in accordance with Law. Shri.Sagar, learned counsel for the respondent Scrutiny Committee 3 very candidly stated that there is no acknowledgment in the record and proceedings of the Committee which would indicate that the petitioner was served with a copy of the report of the Vigilance Cell. If that be the case, according to us, the impugned order is unsustainable in Law and deserves to be quashed and set aside. 3. We accordingly allow this petition and quash and set aside the impugned order and remit the matter back to the respondent Scrutiny Committee for a decision afresh. The learned counsel for the respondent Committee has tendered before us a copy of the report of the Vigilance Cell to the petitioner. We accordingly direct the petitioner to appear before the respondent Scrutiny Committee on 22/09/2009. Learned counsel for the petitioner undertakes that the petitioner would submit his reply to the report of the Vigilance Cell on 22/09/2009. In order to ensure that the claim of the petitioner is belonging to Chhapparband V.J.N.T. is adjudicated expeditiously, we direct the Committee to decide the claim of the petitioner within one month of 22/09/2009. Learned counsel for the petitioner undertakes on behalf the petitioner that the petitioner would not seek any adjournment. 4. In the light of the fact that we have remitted the matter back to the Committee for a decision afresh, it would be appropriate if the respondents do not take any adverse action against the petitioner of cancellation of his admission on the ground of the order of Scrutiny Committee which had invalidated the claim of the petitioner as 4 belonging to Chhapparband V.J.N.T. In the light of that therefore since we are protecting the admission of the petitioner, we direct the authorities to declare the result of the petitioner and to permit the petitioner to seek admission to 3rd Year Engineering Course if the petitioner is otherwise eligible. 5. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp651-09