1 918 wp 870.11.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 870 OF 2011 Deepak @ Abhijit Laxman Shelke ..Petitioner. Vs. State of Maharashtra & Ors. ..Respondents. Mr.S.R.Ganbavale for Petitioner. Mr.A.I.Patel, A.G.P. for Respondent no.1 and 2. Mr. M.L.Patil for Respondent no.3. CORAM : D.K.DESHMUKH & K.K.TATED, JJ. DATED : 24/02/2011. PC: 1 Rule, returnable forthwith. 2 Heard by consent of the parties. 3 Admittedly caste validity certificate which is challenged in the Petition has been issued by the Scrutiny Committee without calling for the report of the Vigilance Cell. Calling of the report of the Vigilance Cell is mandatory as per the direction of the 2 918 wp 870.11.doc Supreme Court issued in which by its Judgment in the case of Kumari Madhuri Patil and Another vs. Addl.Commissioner, Tribal Development and Others, reported in (1994) 6 Supreme Court Cases 24. The impugned order, therefore, will have to be set aside. In the result, therefore, the validity certificate impugned in the petition is set aside. Matter is remitted back to the Scrutiny Committee for de novo hearing and decision in accordance with law. 4 Rule made absolute accordingly. 5 No order as to costs. (D.K.Deshmukh, J.) (K.K.Tated, J.)