1 W.P. 5346/1997 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5346 OF 1997 Vishwanath S/o Madhavrao Machewad .... PETITIONER VERSUS The State of Maharashtra & Oths. Mr. Aashis Jadhavar, Advocate for petitioner Mr. N.B.Patil, Assistant Govt. Pleader for State. CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE: 12/07/2010 ORAL ORDER : 1. Heard Mr. Jadhavar and Mr. Patil. 2. From the perusal of the order impugned, it does not reflect that the Scrutiny Committee while invalidating th claim of the petitioner has taken into consideration the report of vigilance cell. 3. The Apex Court in the case of Kum. Madhuri Patil V/s Additional Commissioner, Tribal Development and another reported in 2 W.P. 5346/1997 - ( J ) AIR 1995 – Supreme Court – 94 and also under the new Act i.e. Maharashtra Scheduled Caste, Scheduled Tribes, Denotified Tribes ( Vimukta Jatis ), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, it is necessary that the claim of the claimant as belonging to Scheduled Caste / Scheduled Tribe has to be verified by the vigilance cell. Admittedly, in the present case that had not been done. The same has not been considered by the Committee. On either of the count, the order will have to go. 4. In that view of the matter, the impugned order dated21/8/1997 invalidating the claim of the petitioner is quashed and set aside. The matter is remitted back to the Committee at Aurangabad. The petitioner to appear before the said Committee on 26/7/2010 and the Committee would decide the claim of the petitioner within six months from today. 5. Till the decision of the Committee and in the event if it is adverse to the interest of the petitioner, for further period of 4 weeks from the receipt of the same by the petitioner the interim relief granted shall continue. 3 W.P. 5346/1997 - ( J ) 6. In that view of the matter, Rule is made absolute on above terms. However, there shall be no order as to costs. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 5346.97