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2009 Supreme(Bom) 1251

P.V.HARDAS, A.V.POTDAR
Sandeep s/o. Manoharrao Waysal – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. B. L. SAGAR KILLARIKAR, learned counsel for Petitioner.
Mr. N.N. JADHAV learned AGP for Respondent No.1.
Mr. U. S. MALTE, learned counsel for Respondent No.2.
Mr. S. N. PAGARE, learned counsel for Respondent No.3.
Mr. P. M. SHAH with Mr. S. P. SHAH, learned Senior Counsel for Respondent No.4.
Mr. S. P. SONPA WALE, learned counsel for Respondent No.5.

JUDGMENT :

A.V. POTDAR, J.:- Rule. Rule made returnable forthwith. Considering the small issue involved in the present writ petition about sanctity of the order passed by the Scrutiny Committee the respondent no.2 dated 13/03/ 2009, by the consent of the parties, the writ petition is finally heard at the stage of admission itself.

2. By the present writ petition filed under Article 226 of The Constitution of India, the petitioner herein has prayed for issuance of writ of certiorari to quash and set aside the order passed by the Scrutiny Committee the respondent no.2 Aurangabad Division Aurangabad dated 13/03/2009. The petitioner has also prayed for issuance of writ of mandamus for direction to respondent no.2 Scrutiny Committee to initiate fresh de-novo inquiry to ascertain the correctness of the decision of the Scrutiny Committee, Pune dated 13/05/2000 thereby granting validity certificate confirming the social status of the respondent no.4 as belongs to "Tadvi Bhill" Scheduled Tribe.

3. The facts which gave rise to file the present writ petition can be summarized as follows: The petitioner claimed that he is a social worker and voter enrolled with 5th respondent Municipal Corporati
















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