1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 1176 OF 1994 Pravin Maruti Jawalgekar Age : Major, Occ. Student, R/o : At-Jawalgabet, Post : Madaj, Tq. Omerga, Dist. Osmanabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Additional Commissioner for Tribal Development, Amravati. 3. Chairman, Scheduled Tribe, Caste Certificate Scrutiny Committee, Maharashtra State, Pune. .... RESPONDENTS Mr. A.S. Golegaonkar, Advocate for petitioner. Mr. V.D.Rakh, Assistant Govt. Pleader for State. Mr. P. S.Patil Advocate for respondent no. 2 & 3. WITH WRIT PETITION NO. 3771 OF 1995 Prafulla S/o Hanmantrao Ankoshekar Age : 18 Yrs., Occ. Student, R/o : At Post : Billoli, Tq. Billoli, Dist. Nanded. .... PETITIONER V E R S U S 2 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Scheduled Tribe Certificate Scrutiny Committee, Nashik. 3. The Marathwada Agricultural University, Parbhani Through its Registrar, Tq. & Dist. Parbhani. ......... RESPONDENTS Mr. V.D.Sapkal, Advocate for petitioner. Mr. V.D.Rakh, Assistant Govt. Pleader for State. WITH WRIT PETITION NO. 5312 OF 1997 Hanmant S/o Ambaji Telang Age : 44 Yrs., Occ. Service, R/o : Badur, Tq. Nilanga, Dist. Latur. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. Dy.Director of Land Records Aurangabad. 3. Scheduled Tribe Caste Certificate Scrutiny Committee, Maharashtra State, Nashik. 4. Tahsildar, 3 Nilanga, Dist. Latur. ......... RESPONDENTS Mr. A.S. Golegaonkar, Advocate for petitioner. Mr. N.B.Patil, Assistant Govt. Pleader for State. WITH WRIT PETITION NO. 1593 OF 1994 Kailash S/o Gyanoji Kamble Age : Minor, U/g of Gyanoji Kamble, Age : Major, Occ. Service, R/o : Jintoor, Dist. Parbhani. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Dean D.Y.Patil Medical College, Kolhapur. 3. The Directorate of Medical and Research Education, Bombay. 4. Scheduled Tribe Caste Verification Committee, Nashik. ......... RESPONDENTS Mr. A.S. Golegaonkar, Advocate for petitioner. Mr. N.B.Patil, Assistant Govt. Pleader for State. WITH 4 WRIT PETITION NO. 1858 OF 1994 Kum. M.Dimple M. Babu Age : 20 yrs., Occ. Education, R/o : Divshi (Bk.), Tq. Bhokar, Dist. Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Director Medical Education and Research , 4th Floor, Dental Building, Saint George Hospital, Bombay No. 1. 3. The Dean Govt. Medical College, Aurangabad. 4. The Scheduled Tribes Caste Certificate Scrutiny Committee, M.S. Pune, through its Chairman and Dy. Director, Tribal Research and Training Institute, Nashik. ......... RESPONDENTS Mr. K.B.Choudhari, Assistant Govt. Pleader for State. WITH WRIT PETITION NO. 1859 OF 1994 M.Deelip S/o M. Babu 5 Age : 17 yrs., Minor, U/g of his father M. Babu S/o Tulshiram Age : 45 Yrs., Occ. Service, R/o : Divshi (Bk.), Tq. Bhokar, Dist. Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Director Medical Education and Research , 4th Floor, Dental Building, Saint George Hospital, Bombay No. 1. 3. The Dean Govt. Medical College, Aurangabad. 4. The Scheduled Tribes Caste Certificate Scrutiny Committee, M.S. Pune, through its Chairman and Dy. Director, Tribal Research and Training Institute, Nashik. ......... RESPONDENTS Mr. V.D.Rakh, Assistant Govt. Pleader for State. WITH WRIT PETITION NO. 1861 OF 1994 6 Praveen S/o Dattatraya Poradwar Age : Minor, through his father and natural guardian Dattatraya S/o Lachamanna Poradwar Age : 44 Yrs., Occ. Service, R/o : Billolikar Building Behind Kala Mandir, Somesh Colony, Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Scheduled Tribe Certificate Scrutiny Committee, M.S. Nashik. Through its Dy.Director (R), Adivasi Vikas Bhawan, Old Agra Road, Nasik. 3. The Director of Technical Education M.S.Bombay. 4. The Principal Govt. Engineering College, Aurangabad. ......... RESPONDENTS Mr. S.B.Talekar, Advocate for petitioner. Mr. N.B. Patil, Assistant Govt. Pleader for State. WITH WRIT PETITION NO. 1892 OF 1994 7 Mohd. Nusrat Ali Khan S/o Mohd. Hasan Ali Khan Age : Major, Occ. Nil, R/o : Killa Colony, Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Additional Divisional Commissioner and Reional Director of Municipal Administration, Aurangabad. 3. The Municipal Council Nanded. 4. The Scheduled Tribe Caste Certificate Scrutiny Committee, Adivasi Bhawan, Old Agra Road, Nasik (M.S.). 5. Digamber S/o Marotrao Kakate Age : 30 Yrs., Occ. Compounder, R/o : C/o : Municipal Council, Nanded. ......... RESPONDENTS Mr. S.B.Talekar, Advocate for petitioner. Mr. N.B. Patil, Assistant Govt. Pleader for State. WITH WRIT PETITION NO. 1921 OF 1994 8 Ganesh S/o Deorao Sapkal Age : 17 Yrs., (Minor), U/g of father - Deorao S/o Mainaji Sapkal Age : 46 Yrs., Occ. Service, R/o : Sant Dnyaneshwar Nagar Near Baliram Patil High School, CIDCO, Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Director Medical Education & Research Bombay. 3. The Jt. Director (Dental) Directorate of Medical Education & Research Bombay. 4. The Dean Govt. Medical College, Aurangabad. 5. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 6. The Director Directorate of Ayurved, Bombay. ......... RESPONDENTS 9 WITH WRIT PETITION NO. 1940 OF 1994 Miss Tadvi Nikhat D/o Ashrufullakhan Tadvi Age : Minor, Occ. Student Through her natural guardian and father - Ashrafullakhan S/o Saifullakhan Tadvi Age : 48 Yrs., Occ. Labour, R/o : C/o Mohammad Hamer Majhar 344, Gulshan, Enayat Nagar, Behind B.Ed. College, Pedgaon Road, Parbhani. .... PETITIONER V E R S U S 1. The State of Maharashtra Through its Secretary, Medical Education & Drugs Department, Mantralaya, Bombay – 32. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Through its Chairman and Dy. Director (R), Adiwsasi Bhawan, Old Agra Road, Nashik. 3. The Director Medical Education & Research M.S., Bombay. 4. The Dean 10 Govt. Medical College, Aurangabad. 5. The Head Master Zilla Parishad Primary School, Tanda Bazar, Sillod, Dist. Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 9556 OF 2007 Bhagwat S/o Pandharinath Thaku Age : Major, Occ. Service, R/o : At Post Murud, Akola, Dist. Latur. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 3. Executive Engineer M.S.E.B. Divisional Office, Latur. 4. Executive Magistrate Latur, Tq. & Dist. Latur. ......... RESPONDENTS 11 WITH WRIT PETITION NO. 1941 OF 1994 Sunil Rajanna Khandulwar Age : Minor, U/g of father - Rajanna S/o Narayanrao Khandulwar Age : Major, Occ. Service, R/o : Poonam Mess, Degloor, Tq. Degloor, Dist. Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Director Medical Education & Research Bombay. 3. The Jt. Director (Dental) Directorate of Medical Education & Research Bombay. 4. The Dean Govt. Medical College, Aurangabad. 5. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 6. The Principal Thane Rajiv Gandhi Medical College, Thane Municipal Corporation, Thane. 7. The Deans Municipal Medical College 12 of Municipal Corporation of Greater Bombay. 8. The Principal S.G.G.S. College of Engineering, Nanded. 9. Director of Technical Education 3, Mahapalika Marg, Fort, Bombay. ......... RESPONDENTS WITH WRIT PETITION NO. 1956 OF 1994 Narayankumar S/o Motiram Totwad Age : 20 Yrs., Occ. Student, R/o : Paroti Tanda, Tq. Kinwat, Dist. Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Secretary to the Govt. of Maharashtra in the Department of Education, Mantralaya, Bombay. 2. The Caste Certificate Scrutiny Committee, Maharashtra State, Nashik, through the Dy. Director (R) and Chairman, Scheduled Tribe Certificate Scrutiny Committee Adivasi Vikas Bhavan, 13 Nasik. 3. The Tahsildar and Taluka Magistrate Kinwat, Dist. Nanded. 4. The Head Master Zilla Parishad Primary School Paroti Tanda, Tq. Kinwat, Dist. Nanded. 5. The Dean Govt. Medical College, Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 1963 OF 1994 Kum. Wazahat Navsheen Shekh D/o Hamidoddin Age : 19 Yrs., Occ. Student, R/o : H.No. 2-9-37, Jindamwadi, Behind Kalamandir, Nanded, Tq. & Dist. Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Secretary to the Govt. of Maharashtra in the Department of Education, Mantralaya, Bombay. 2. The Caste Certificate Scrutiny Committee, Maharashtra State, 14 Nashik, through the Dy. Director (R) and Chairman, Scheduled Tribe Certificate Scrutiny Committee Adivasi Vikas Bhavan, Nasik. 3. The Tahsildar and Taluka Magistrate Kandhar, Dist. Nanded. 4. The Head Master Shri Shivaji High School, Kandhar, Dist. Nanded. ......... RESPONDENTS WITH WRIT PETITION NO. 1964 OF 1994 Miss. Bharati D/o Shivlingappa Kinnur Age : Minor, U/g of her elder brother - Dattaraj S/o Shivlingappa Kinnur Age : Major, Occ. Service, R/o : H.No. 118, Shastri Nagar, Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 3. The Director Medical Education & Research M.S. , Bombay. 4. The Dean Govt. Medical College, 15 Aurangabad. 5. The Dean Govt. B.A.M.S. College, Nanded. ......... RESPONDENTS WITH WRIT PETITION NO. 1972 OF 1994 Satish S/o Gangaramji Gireboinwad Age : 17 Yrs., U/g of father - Gangaramji S/o Bhikaji Gireboinwad Age : 46 Yrs., Occ. Business, R/o : Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader, High Court of Bombay, Bench at Aurangabad. 2. The Director Medical Education & Research Bombay. 3. The Jt. Director (Dental), Directorate of Medical Education & Research, Bombay. 4. The Dean Govt. Medical College, Aurangabad. 5. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 16 6. The Director Directorate of Ayurved, Bombay. ......... RESPONDENTS WITH WRIT PETITION NO. 1973 OF 1994 Kum. Rupali D/o Pralhad Sangamwar Age : 17 Yrs., U/g of father - Pralhad S/o Hullajirao Sangamwar Age : Major, Occ. R/o : Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader, High Court of Bombay, Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. Through its Dy. Director (R), Adiwasi Vikas Bhavan, Old Agra Road, Nasik. 3. The Dean Govt. Medical College, Aurangabad. 4. The Dean Govt. Ayurvedic College, Nanded, Dist. Nanded. ......... RESPONDENTS 17 WITH WRIT PETITION NO. 1974 OF 1994 Shivraj S/o Bhojanna Kondamod Age : 19 Yrs., Occ. Student R/o : Kandli Tq. Bhokar, Dist. Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through its Secretary Tribal Development Department, Mantralaya, Bombay – 32. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 3. The Director of Medical Education & Research, M.S. Bombay. 4. The Dean Govt. Medical College, Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 2245 OF 1994 Vijaykumar S/o Liladhar Sonawane Age : Minor, U/g of father Liladhar S/o Dharma Sonawane Age : 43 Yrs., Occ. Service, R/o : Tiwari Building, Bank Colony, Ramkrishnagar, Parbhani. Dist. Parbhani. .... PETITIONER 18 V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Director of Medical Education & Research, Bombay. 3. The Jt. Director (Dental) Directorate of Medical Education & Research, Bombay. 4. The Dean Govt. Medical College, Aurangabad. 5. The Dean Govt. Ayurvedic College, Nanded. 6. The Principal Govt. College of Engineering Aurangabad. 7. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 8. The Schedule Tribe Caste Certificate Scrutiny Committee, Nagpur Division Nagpur. ......... RESPONDENTS WITH WRIT PETITION NO. 2248 OF 1994 19 Rishikesh S/o Krushnaji Jagtap Age : 19 Yrs., Occ. Student, R/o : Shivaji Chowk, Latur. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 3. The Dean Govt. Medical College, Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 2549 OF 1994 Maheshkumar S/o Bhaskarrao Mungalkar Age : Minor, U/g of real brother Gajanan S/o Bhaskarrao Mungalkar Age : 20 Yrs., Occ. Student, R/o : Near Manganpura Datta Mandir, Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 20 2. The Director Medical Education & Research Bombay. 3. The Jt.Director (Dental) Directorate of Medical Education & Research, Bombay. 4. The Dean Govt. Medical College, Aurangabad. 5. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. ......... RESPONDENTS WITH WRIT PETITION NO. 2666 OF 1994 Rajeshwar S/o Govindrao Vasurkar Age : 20 Yrs., Occ. Student, R/o : Village Walag, Tq. Degloor, Dist. Nanded. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Director Medical Education & Research Bombay. 3. The Dean Govt. Medical College, 21 Nanded. 4. The Dean Govt. Medical College, Aurangabad. 5. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S. Nashik. 6. The Director of Ayrved Maharashtra State, Khanna Construction House, 2nd Floor, Dr. Thadani Marg, Warali, Bombay – 18. ......... RESPONDENTS WITH WRIT PETITION NO. 2859 OF 1994 Nageshwar S/o Kishanrao Kodmelwar Age : 20 Yrs., Occ. Student, R/o : Kinwat, Dist. Nanded .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Director Medical Education & Research Bombay. 3. The Director of Aurved Bombay, C/o Directorate of Ayurved, 2nd Floor, Khanna Construction House, 22 Dr. R.G. Thandani Marg, Warli, Bombay. 4. The Chairman Maharashtra Council of Agriculture Education & Research, Pune. 5. The Schedule Tribe Caste Certificate Scrutiny Committee, Adiwasi Bhavan, Old Agra Road, Nashik. ......... RESPONDENTS WITH WRIT PETITION NO. 2906 OF 1994 Vijaya D/o Gangaram Muddamwar Age : 17 Yrs., Occ. Student, Minor, U/g of her mother Smt. Rajubai W/o Gangaram Muddamwar Age : 50 Yrs., Occ. Household, R/o : Tamlur, Tq. Degloor, Dist. Nanded .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, Adiwasi Vikas Bhavan, Old Agra Road, Nasik. 23 3. The Director Medical Education & Research 4th Floor, Dental Building, Saint George Hospital, Bombay - 1. 4. The Dean Govt. Medical College, Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 2907 OF 1994 Satish S/o Vithalrao Torawar Age : 20 Yrs., Occ. Student, R/o : Tamlur, Tq. Degloor, Dist. Nanded .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, Adiwasi Vikas Bhavan, Old Agra Road, Nasik. 3. The Director Medical Education & Research 4th Floor, Dental Building, Saint George Hospital, Bombay - 1. 4. The Dean 24 Govt. Medical College, Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 2941 OF 1994 Prashant S/o Tarachand Potale Age : Minor, U/g of Tarachand S/o Rajanna Potale, R/o : Near Swami Samarth Mandir, Jalgaon. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S., Nasik. 3. The Registrar Maharashtra State Institute of Hotel Management Catering Technology Pune - 5. 4. The Principal Maharashtra State Institute of Hotel Management Catering Technology Pune - 5. ......... RESPONDENTS 25 WITH WRIT PETITION NO. 2968 OF 1994 Pramod S/o Laxmanrao Aulwar Age : Minor, U/g of father Laxman S/o Sayanna Aulwar Age : 50 Yrs., Occ. Service, R/o : Kandhar, Dist. Nanded .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Director Medical Education & Research Bombay. 3. The Jt. Director ( Dental ), Directorate of Medical Education & Research Bombay. 4. The Dean Govt. Medical College, Aurangabad. 5. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S., Nashik. ......... RESPONDENTS WITH WRIT PETITION NO. 3028 OF 1994 Tarachand S/o Rajanna Potale 26 Age : Major, Occ. Govt. Service, R/o : Guru Datta Colony, Plot No. 13/B, Near Swami Samarth Mandir, Jalgaon. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S., Nashik. ......... RESPONDENTS WITH WRIT PETITION NO. 3525 OF 1994 Nandraj S/o Puchanna Swami Mutyal Age : 46 Yrs., Occ. Supdt. R/o : H.No. 5-7-80, New Osmanpura, Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Superintending Engineer Aurangabad Irrigation Circle, Aurangabad (Co-ordinating S.E.) 27 Behind High Court, Aurangabad. 3. The Schedule Tribe Caste Certificate Scrutiny Committee, through its Chairman, M.S., Nashik. 4. The Executive Magistrate, Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 3563 OF 1994 Girish S/o Gudadappa Nayak Age : 19 Yrs., Occ. Student, R/o : 63, Shriranga, Gandhinagaar, Padampura, Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S., Through its Chairman and Dy. Director (R), Pune. 3. The Principal Bharti Vidyapeeth’s Poona College of Pharmacy, Erandwane, Pune. 28 4. The Principal College of Pharmacy MVP Campus, Gangapur Road, Nasik. 5. The Dean Department of Pharmaceutical Sciences Nagpur University Campus, Amravati Road, Nagpur. ......... RESPONDENTS WITH WRIT PETITION NO. 3649 OF 1994 Rangnath S/o Shenphadu Shirsath Age : Major, Occ. Service as Election Naib Tahsildar, Shirpur, Tq. Shirpur, Dist. Dhule. .... PETITIONER V E R S U S 1. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S., having its office located at Agra road, Nashik. 2. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. ......... RESPONDENTS WITH WRIT PETITION NO. 3761 OF 1994 Devidas Rupchand Sonwane 29 Age : 30 Yrs., Occ. Service as Helper, Maharashtra State Road Transport Corporation, Jalgaon Division, Jalgaon, R/o : Nadgaon, Post Nandra (Bk.), Tq. & Dist. Jalgaon. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, M.S., Adivasi Bhavan, Old Agra road, Nasik- 2. ......... RESPONDENTS WITH WRIT PETITION NO. 3882 OF 1994 Chindu S/o Hari Jadhav Age : Major, Occ. R/o : Mandave (Bk.), Tq. Jamner, & Dist. Jalgaon. .... PETITIONER V E R S U S 1. The Taluka Executive Manager Jamner, Tq. Jamner, Dist. Jalgaon. 2. The Additional Commissioner 30 Nashik Division, Nashik. 3. The State of Maharashtra ......... RESPONDENTS WITH WRIT PETITION NO. 4063 OF 1994 Miss Jayashree D/o Bhimrao Bute Age : 18 Yrs., Occ. Student, R/o : MGM’s Girl’s Hostel, Room No. 315, CIDCO, N-6,Aurangabad. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, Through its Dy. Director Adivasi Vikas Bhawan, M.S., Nasik. 3. Mahatma Gandhi Mission’s Medical College Through its Dean N-6, CIDCO, Aurangabad. 4. The Dean Swami Ramanand Tirth Rural Medical College, Ambajogai. 5. The Dean 31 Govt. Medical College. Aurangabad. 6. The Dy.Director of Health Service, Aurangabad. 7. The Chief Executive Officer, Zilla Parishad, Jalna. ......... RESPONDENTS WITH WRIT PETITION NO. 4106 OF 1994 Bhagwat S/o Narayan Saindane Age : Major, Occ. Service, R/o : Saraswati Colony, Erandol, Dist. Jalgaon. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Schedule Tribe Caste Certificate Scrutiny Committee, Through its Chairman & Dy. Director (R), M.S., Nasik. 3. The Executive Magistrate, Erandol, Dist. Jalgaon. ......... RESPONDENTS WITH WRIT PETITION NO. 4669 OF 1994 Baliram S/o Hari Koli @ Baviskar 32 Age : 54 Yrs., , Occ. Service, R/o : Tahsil Office, Erandol, Dist. Jalgaon. .... PETITIONER V E R S U S 1. The State of Maharashtra Through Govt. Pleader High Court of Bombay Bench at Aurangabad. 2. The Divisional Commissioner, Nasik Division, Nasik. 3. The Collector, Jalgaon. 4. The Schedule Tribe Caste Certificate Scrutiny Committee, Through its Chairman & Dy. Director (R), M.S., Nasik. ......... RESPONDENTS Mr. A.S. Golegaonkar , Mr. V.J.Dixit, Mr. S.R. Barlinge, Mr. S.B.Talekar , Mr. V.D. Sapkal, Mr. D.N. Suryawanshi,Advocates for petitioners. Mr. V.D.Rakh, Assistant Govt. Pleader for State. CORAM : B.R. GAVAI AND S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 21/6/2010 33 ORAL JUDGMENT : [ PER – B.R. GAVAI, J. ] 1. All these petitions impugn the Judgment delivered by the Scrutiny Committee. 2. It is the contention of the petitioners that the Apex Court in the Judgment in the case of Kum. Madhuri Patil V/s Additional Commissioner, Tribal Development & Others reported in AIR 1995 SC – 94 has laid down certain guide lines in the matter of scrutiny of the claims of the persons either belonging to Scheduled Caste or Scheduled Tribe. Vide the said Judgment, the Apex Court has directed that the enquiry by the vigilance cell to be constituted as per its direction should be made while verifying the claim of a person. The Apex Court has further directed that the claim should be scrutinized by the Committee consisting of various experts. 3. The common ground involved is that as per the Judgment of the Apex Court in case of Kum. Madhuri Patil ( supra ), the vigilance cell was not constituted. Even in view of the enactment, the enquiry by the vigilance cell is mandatory. Even the Committee was not constituted as is mandated by the Judgment in Kum. Maduri Patil ( supra ). 4. Mr. P. R. Patil, the learned counsel for the Committee has argued that the petitions are of the year 1994 and now they may not be remanded. According to him, even the Division Bench of this High Court in the case of 34 Satish Limbraj Adatrao and another V/s State of Maharashtra and others reported in 2005 (4) Bom. C. R. - 398 has held that the petitions may not be remanded only on the ground that the vigilance cell was not established. 5. We feel that as the directions given by the Apex Court in case of Kum. Madhuri Patil ( supra ) are required to be followed and also now it is mandate of the statute that the enquiry by the vigilance cell should be held in the interest of justice. In the said Judgment relied by Mr. Patil, the Division Bench has observed that , " We are setting it aside because the set up of Vigilance Cell gives a broader perspective for verification ". As such, the Division Bench of this High Court was not oblivious of the fact that the enquiry by the vigilance cell is necessary is a broader perspective for verification. 6. In view of the fact that the vigilance cell was not formed nor the Committee was constituted as per the directions of the Apex Court in the Judgment referred supra, we feel it appropriate to set aside the impugned Judgment delivered by the Scrutiny Committee and remand the matter to the Committee for deciding it afresh. 7. The Committee shall decide the said claims in accordance with law within period of one year from today. 35 8. The interim relief passed in respective petition would continue till the decision of the Committee and in the event any orders adverse to the interest of the petitioners is passed by the Committee, the same shall not take effect for the period of two weeks from the date of receipt of communication of the decision by the Committee. 9. The petitioners