1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 274 OF 2009 Uttamkumar Laxmanrao Suryawanshi, age 23 years, occ. education, R/o. Navghat Holi, Nanded. - - - - Petitioner versus 1. The State of Maharashtra. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad. 3. The Collector, Nanded. 4. Sub Divisional Officer (Revenue), Sub Division, Nanded. - - - - Respondents Shri A. S. Bayas, Advocate for petitioner. Shri B. V. Wagh, Asstt. Govt. Pleader for respoondent No.1 and 3. Shri Pravin Patil, Advocate for respondent No.2. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 22nd September 2009 ORAL ORDER : [ Per B. R. GAVAI, J. ] 1. Rule. Rule made returnable forthwith. Heard by consent. 2 2. By way of present petition, the petitioner challenges the Order dated 6-8-2008 vide which the claim of the petitioner as belonging to Mahadeo Koli has been invalidated. 3. It is the contention of the petitioner that the home inquiry by Vigilance Cell which is a mandatory requirement for scrutinizing the claim of the petitioner has not been done in the present case. 4. Shri Patil, learned Counsel appearing on behalf of the respondent No.2 Committee has fairly produced original file of the petitioner from the perusal of which it is clear that the home inquiry by the Vigilance Cell was not made as was required. 5. In that view of the matter, impugned order dated 6-8-2008 is quashed and set aside. The matter is remitted back to the respondent No.2 Committee to consider the claim of the petitioner afresh in accordance with law. It is needless to state that the home inquiry by the Vigilance Cell would be conducted prior to the decision of the Committee. It is further needless to state that petitioner shall be given a copy of the said report of the Vigilance Cell after the home inquiry as aforesaid and an opportunity be 3 given to the petitioner to submit explanation to the said report. 6. Rule is made absolute in the aforesaid terms with no order as to costs. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp27409