1 FARAD CONTINUATION SHEET NO IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Writ Petition No.764 Of 1994 With Civil Application No.1440 Of 2010 DISTRICT: JALGAON Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s order Coram: A.M. Khanwilkar & S.S. Shinde, JJ. Date: 8th March 2010 ----- 1) None appears for the respondents. 2) The grievance of the petitioners can be redressed keeping in mind the exposition of the Division Bench of this Court in the case of Satish Limbraj Adatrao v. State of Maharashtra & Ors., reported in 2005 (2) ALL MR 887. The fact situation in the present case is similar to the reported decision as the petitioners intend to rely on new evidence, scrutiny whereof will be done by the Scheduled Tribe Certificate Scrutiny Committee. 2 3) Even, in the present case the order of the Scrutiny Committee, which is under challenge, was passed much before the decision of the Apex Court in Madhuri Patil vs. Additional Commissioner, Tribal Development, AIR 1995 SC 94. We would adopt the same course in the present case by setting aside the impugned decision of the Scrutiny Committee and relegating the petitioners before the Scrutiny Committee for reconsideration of their tribe claim by following procedure specified by the Apex Court in Madhuri Patil’s case(supra). 4) In other words, the matter is remanded back to the Scheduled Tribe Certificate Scrutiny Committee at Nashik for decision in accordance with law. 5) Rule made absolute on the above terms. C.A. No.1440 of 2010 is disposed of. (S.S. SHINDE,J.)(A.M. KHANWILKAR, J.) rsl/ wp.764.94