1 940-wp-10460-2018.odt 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 Narwade/ 2 940-wp-10460-2018.odt 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. Narwade/ 3 940-wp-10460-2018.odt 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.] Narwade/