1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4791 OF 1998 Shivsingh Shankarsingh Rajput .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. J.C.Badve , Advocate for petitioner. CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 03/08/2010 ORAL ORDER : 1. The petitioner has challenged the order dated 28/2/1996 passed by the learned District Magistrate, Jalna, thereby invalidating Certificate issued by the Taluka Executive Magistrate certifying the petitioner to be belonging to Rajput Bhamta. 2. In view of the Judgment of the Apex Court in the case of Kum. Madhuri Patil V/s Additional Commissioner, Tribal Development & Others reported in 1994 ( 6 ) - SCC - 241, the scrutiny of the claim of a person claiming to be belonging to Scheduled Caste / Scheduled Tribe is required to be done by the duly constituted Committee as per the directions stated therein. It is also necessary that the claim has to be verified through the Vigilance Cell. 2 3. In view of the Judgment in the case of Kum. Madhuri Patil referred supra, the impugned Order is not sustainable in law. The same is quashed and set aside. 4. The petitioner would be at liberty to apply to the Caste Scrutiny Committee at Aurangabad for verification of his claim. If such an application is made by the petitioner, the same may be taken into consideration by the said Committee within a period of one year from the date of application. 5. Rule is made absolute on above terms with no order as to costs. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 4791.98