1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2666 OF 1994 Rajeshwar S/o Govindrao Vasurkar Age : 20 Yrs.,, Occ. Student, R/o : Village Walag, Tq. Degloor, Dist. Nanded .... PETITIONER V E R S U S 1. The State of Maharashtra Through the Govt. Pleader, at High Court, Aurangabad. 2. The Director Medical Education and Research, Bombay. 3. The Dean Govt. Ayurvedic College, Nanded. 4. The Dean Govt. Medical College, Aurangabad. 5. The Scheduled Tribe Caste Certificate Scrutiny Committee, M.S. Nasik. 6. The Director of Ayurved Mahaarashtra State Khanna Construction House, 2nd Floor, Dr. Thadani Marg, Warali, Bombay – 18. .... RESPONDENTS 2 Mr. A.S. Golegaonkar, Advocate for petitioner. Mr. V.D.Rakh, Assistant Govt. Pleader for State. Mr. P.R. Patil, Advocate for resp. no. 5. CORAM : B.R. GAVAI AND S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 21/6/2010 ORAL JUDGMENT : [ PER – B.R. GAVAI, J. ] 1. This petition impugn the Judgment delivered by the Scrutiny Committee. 2. It is the contention of the petitioner that the Apex Court in the Judgment in the case of Kum. Madhuri Patil V/s Additional Commissioner, Tribal Development & Others reported in AIR 1995 SC – 94 has laid down certain guide lines in the matter of scrutiny of the claims of the persons either belonging to Scheduled Caste or Scheduled Tribe. Vide the said Judgment, the Apex Court has directed that the enquiry by the vigilance cell to be constituted as per its direction should be made while verifying the claim of a person. The Apex Court has further directed that the claim should be scrutinized by the Committee consisting of various experts. 3. The ground involved is that as per the Judgment of the Apex Court in case of Kum. Madhuri Patil ( supra ), the vigilance cell was not constituted. 3 Even in view of the enactment, the enquiry by the vigilance cell is mandatory. Even the Committee was not constituted as is mandated by the Judgment in Kum. Maduri Patil ( supra ). 4. Mr. P. R. Patil, the learned counsel for the Committee has argued that the petition is of the year 1994 and now it may not be remanded. According to him, even the Division Bench of this High Court in the case of Satish Limbraj Adatrao and another V/s State of Maharashtra and others reported in 2005 (4) Bom. C. R. - 398 has held that the petitions may not be remanded only on the ground that the vigilance cell was not established. 5. We feel that as the directions given by the Apex Court in case of Kum. Madhuri Patil ( supra ) are required to be followed and also now it is mandate of the statute that the enquiry by the vigilance cell should be held in the interest of justice. In the said Judgment relied by Mr. Patil, the Division Bench has observed that , " We are setting it aside because the set up of Vigilance Cell gives a broader perspective for verification ". As such, the Division Bench of this High Court was not oblivious of the fact that the enquiry by the vigilance cell is necessary is a broader perspective for verification. 6. In view of the fact that the vigilance cell was not formed nor the 4 Committee was constituted as per the directions of the Apex Court in the Judgment referred supra, we feel it appropriate to set aside the impugned Judgment delivered by the Scrutiny Committee and remand the matter to the Committee for deciding it afresh. 7. The Committee shall decide the said claims in accordance with law within period of one year from today. 8. The interim relief passed in respective petition would continue till the decision of the Committee and in the event any orders adverse to the interest of the petitioner is passed by the Committee, the same shall not take effect for the period of two weeks from the date of receipt of communication of the decision by the Committee. 9. The petitioner shall appear before the Committee on 12/7/2010. As such, the issuance of the notice by the Committee to the petitioner is waived. 10. Rule is made absolute on above terms with no order as to costs. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 2666.94 5