1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1499 OF 1994 Ashok S/o Panditrao Nemane Age : Major, Occ. : Govt. service R/o : Yawal, Dist. Jalgaon. .... PETITIONERS V E R S U S 1. Dist. Magistrate, Jagaon Dist. Jalgaon. 2. Dy. Director Social Welfare Department and Chairman of Caste Certificate Scrutiny Committee, 3, Church Road, Pune. 3. The State of Maharashtra Through the Govt. Pleader, High Court of Bombay, Bench at Aurangabad. .... RESPONDENTS Mr. L.V.Sangit, Advocate holding for Mr. V.J.Dixit, Advocate for petitioner. Mr. V.D.Rakh, Assistant Govt. Pleader for State. 2 CORAM : B.R.GAVAI & S.V.GANGAPURWALA, JJ. DATE : 30/6/2010 ORAL JUDGMENT : [ PER - B.R. GAVAI, J. ] 1. The petitioner has filed present petition thereby challenging the order passed by the District Magistrate, Jalgaon invalidating the claim of the petitioner as belonging to Dhangar - Nomadic Tribe. 2. The Apex Court in the case of Kum. Madhuri Patil V/s Additional Commissioner, Tribal Development and others reported in AIR 1995 Supreme Court - 94 has laid down certain guide lines for verifying the claims of persons regarding Scheduled Caste or Scheduled Tribe, etc. The Apex Court in the said case has also directed that the enquiry by the vigilance cell be made as per its direction, while verifying the claim of a person. The Apex Court has further directed that the claim should be scrutinized by the Committee constituting of various experts. 3. The vigilance cell was not constituted as directed by the Apex Court in case of Kum. Madhuri Patil (supra). 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 case of Kum. Madhuri Patil (supra ). 3 4. In that view of the matter, the impugned order is quashed and set aside and the matter is remitted back to the Caste verification Committee at Dhule. The petitioner to appear before the Committee on 19/7/2010 and the Committee to decide the petition, in accordance with law, within the period of six months from the date of appearance of the petitioner. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 1499.94