(1) wp6208-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6208 OF 2011 Ajit Dnyandeo Zuge PETITIONER VERSUS The State of Maharashtra & another RESPONDENTS ..... Mr. Suresh M. Kulkarni, advocate for the Petitioner. Mr. V.D. Rakh, A.G.P. for the Respondent-State. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 22nd AUGUST, 2011 ORAL ORDER: 1. The petitioner has raised the following submissions : (i) That, in accordance with Rule 12 (Sub-Rule 5) of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Rules, 2003, the Vigilance Cell has not examined the parents of the petitioner; (ii) Though the Vigilance Cell has recorded the statements of the villagers, the Committee has not considered the same in its judgement; and (iii) The petitioner's cousin Jyoti Popat Zuge has (2) wp6208-11 been held to be validly belonging to Hindu Kunbi. However, the petitioner could not produce the said Certificate before the Committee. 2. We find that the interest of justice would be met by quashing the impugned order and remanding the matter to the Respondent No. 2 Committee for reconsidering the claim of the petitioner. It is directed that the Respondent No. 2 Committee shall ask the Vigilance Cell to examine the parents of the petitioner. It is further directed that the Respondent No. 2 Committee shall consider the report of the Vigilance Cell after examination of the parents of the petitioner and shall also consider the statements of the other villagers, recorded by the Vigilance Cell. The petitioner would also be at liberty to produce the certificate issued in favour of his cousin Jyoti Zuge which shall be considered in accordance with law by the Respondent Committee. The petition is disposed of accordingly. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp6208-11