VAIJINATH DATTARAM BYAGALWARversusTHE STATE OF MAHARASHTRA AND OTHERS

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                             BENCH AT AURANGABAD
                        940 WRIT PETITION NO. 10460 OF 2018

                             Vaijinath Dattaram Byagalwar
                                        VERSUS
                         The State Of Maharashtra And Others
                                           ...
       Mr. Apparao Yenegure, Advocate for the Petitioner
       Mr. N. B. Patil, AGP for Respondent Nos. 1 & 2/State.
                                           ...
                              CORAM : SANDIPKUMAR C. MORE AND
                                          ABASAHEB D. SHINDE, JJ.
                                DATED : JANUARY 08, 2026

       P.C.:

       1.      Heard.


       2.      Rule. Rule made returnable forthwith. With the consent of

       parties Writ Petition is taken up for final hearing at the stage of

       admission.


       3.      By this Writ Petition, the petitioner is taking exception to the

       order    dated   10.07.2018    passed       by   Respondent   No.2-Scrutiny

       Committee by which the tribe claim of the petitioner of belonging to

       ‘Mannervarlu’, Scheduled Tribe has been invalidated.


       4.      Learned counsel for the petitioner submits that the Vigilance Cell

       Inquiry was conducted and the report of the same was submitted to

       Respondent No.2-Committee on 03.07.2018. The petitioner had

       requested for copy of the Vigilance Cell Report so as to file reply to the

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       same and the petitioner was granted time to file reply on 04.07.2018. It

       is the contention of the learned Counsel for the petitioner that without

       giving an opportunity of filing reply to the Vigilance Cell Report, the

       Caste Scrutiny heard the matter on 04.07.2018 itself. The learned

       Counsel for the petitioner therefore urged that the matter may be

       remanded back to Respondent No.2-Scrutiny Committee so that the

       copy of the Vigilance Cell Report could be served on the petitioner and

       the petitioner will be in a position to file reply to the said report. He

       would further submit that the Scrutiny Committee also be directed to

       afford proper opportunity of hearing to the petitioner.


       5.    Learned AGP fairly concedes that the date for filing reply to the

       Vigilance Cell Report was on 04.07.2018 and on the same day

       Respondent No.2-Scrutiny Committee heard the matter and passed the

       impugned order on 10.07.2018.


       6.    Considering the above, we are inclined to allow the Writ Petition

       partly by remanding the matter back to Respondent No.2-Committee so

       as to enable the petitioner to get sufficient opportunity to substantiate

       his tribe claim. We, therefore, pass the following order :


                                     :: O R D E R ::


       i.    Writ Petition is partly allowed.


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       ii.    The impugned order dated 10.07.2018 passed by Respondent

       No.2-Committee is quashed and set aside.

       iii.   The matter is remanded back to the Respondent No.2-Scrutiny

       Committee to decide the proceeding of petitioner’s tribe claim               in

       accordance with law, even by conducting fresh Vigilance Cell Inquiry if

       required by providing the copy of said report and allowing the

       petitioner to file reply to the same and by giving him sufficient

       opportunity of hearing.

       iv.    The said exercise of deciding the Tribe claim of the petitioner

       shall be completed within a period of 6 (six) months from today.

       v.     With these directions Writ Petition stands disposed of.



       [ABASAHEB D. SHINDE, J.]                  [SANDIPKUMAR C. MORE, J.]




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