(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 4617 OF 1995 Manesh Bhagaji Gawali, Age : 18 years, Occupation : Student, R/o. at post Walsawangi, Taluka : Bhokardan, District : Jalna. .. Petitioner. versus 1. The State of Maharashtra, through Government Pleader, High Court, Aurangabad. 2. The Scheduled Tribe Caste Certificate Scrutiny Committee, Nasik, through its Chairman. 3. The Principal, Government Engineering College, Aurangabad. 4. Hindustan Petroleum Corporation Ltd., 17, Jamshetji Tata Road, Mumbai, through Sales Officer, Aurangabad, Sales Area, Aurangabad. .. Respondents. ....................... (2) Mr. S.R. Barlinge, Advocate, for the petitioner. Mr. K.B. Chaudhary, Additional Government Pleader, for respondent nos.1 and 3. Mr. P.S. Patil, Advocate, for respondent no.2. Smt. Anjali Bajpai (Dube), Advocate, for respondent no.4. ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 26TH JULY 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. By way of present petition, the petitioner challenges the order dated 17th July 1995, passed by the respondent no.2 / Scrutiny Committee, thereby invalidating the tribe claim of the petitioner, of belonging to "Mahadeo Koli", Scheduled Tribe. 2. In view of the judgment of the Apex Court, in the case of Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development and others (AIR 1995 SC 94), it is necessary that prior to decision of the caste (tribe) claim (3) of a candidate, by a validly constituted Committee, an inquiry is to be conducted by the Vigilance Cell and it is also necessary, that the claim has to be decided by the Committee, as experts, as mentioned in the said judgment. 3. Admittedly, the same has not been done in the present case. In that view of the matter, the petition deserves to be allowed. 4. In the result, the petition is partly allowed. (i) The impugned order dated 17th July 1995, passed by the respondent no.2 / Scrutiny Committe, thereby invalidating tribe claim of the petitioner, is quashed and set aside. The matter is remitted back to the Scheduled Tribe Certificate Scrutiny Committee at Aurangabad, for deciding the tribe claim of the petitioner afresh, in accordance with law. (ii) The petitioner is directed to appear before the Scheduled Tribe Certificate Scrutiny Committee at Aurangabad, on 9th August 2010. As such, the requirement of formal notice, by the Committee, to the petitioner, stand waived. (iii) The Scrutiny Committee shall decide the tribe claim of the petitioner within a period of six months from the date of (4) appearance of the petitioner before the Committee. 5. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/4617wp