Shantidevi Kamaleshkumar Yadav vs State Of Maharashtra & Ors

that hearing of the case was closed for orders before the Caste

Scrutiny Committee on 29.9.2003. Thereafter, without notice

to the appellant, Caste Certificate Register was called on

28.10.2003 and representatives from the Office of the

Tehsildar were called on 7.11.2003. This approach of the

Caste Scrutiny Committee is clearly violative of the basic

principles of natural justice.

4. According to the appellant, this grievance was clearly

articulated before the Division Bench of the High Court, but it

did not deal with this aspect of the matter, therefore, in the

interest of justice the matter should be remanded to the Caste

Scrutiny Committee for deciding the matter afresh after

hearing the counsel for the parties.

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5. This Court after hearing the learned counsel for the

appellant issued notice limited to the question as to whether

the matter be remanded or not.

6. We have heard learned counsel for the parties at length

and carefully perused the documents on record. In the

impugned judgment, there is no discussion regarding the

main grievance of the appellant why the Caste Certificate

Register was called for inspection on 28.10.2003 and the

statement of the representative from the Office of the

Tehsildar, Bombay City was recorded on 7.11.2003 after the

conclusion of the hearing.

7. We have heard learned counsel for the respondents at

length but he could not give any satisfactory reply why the

caste register was called for inspection and the statements of

the representatives of the Office of the Tehsildar, Bombay were

recorded after the conclusion of the hearing without any

notice to the appellant.

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8. In consonance with the principles of natural justice,

equity, good conscience and fairness, we are compelled to set

aside the impugned judgments of the High Court and the

Caste Scrutiny Committee.

9. Consequently, we remit the matter to the Caste Scrutiny

Committee to decide the case afresh after hearing the learned

counsel for the parties. The Caste Scrutiny Committee must

ensure that no hearing or deliberation takes place after the

conclusion of hearing without notice to the appellant.

10. The matter has been pending for several years, therefore,

we request the Caste Scrutiny Committee to dispose of this

case as expeditiously as possible. No further directions are

necessary. This appeal is accordingly disposed of. No costs.

....................................J. (Dalveer Bhandari)

....................................J. (Harjit Singh Bedi) 5

New Delhi;

August 26, 2008.