1 W.P.No.5800 of 2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5800 Of 2007 Kum. Preeti Babukalidas Waghmare. ... Petitioner. Versus The State of Maharashtra And Others. ... Respondents. -------- Shri. P.B. Gapat, Advocate, for the petitioner. Shri. S.K. Kadam, Assistant Government Pleader, for respondent No.1 and 3. Shri. D.R. Kale, Advocate, for respondent No.4. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE: 16th AUGUST 2011 PER COURT : 1) Heard. 2) The petitioner challenges order dated 3-4-2007 passed by the Scheduled Tribe Scrutiny Committee, Aurangabad Division, Aurangabad. 3) The petitioner claims to be belonging to Mahadeo Koli, a Scheduled Tribe. Learned counsel for the 2 W.P.No.5800 of 2007 petitioner submits that, the affinity test of the petitioner is not properly conducted. Research Officer did not accompany the police officer, who had submitted enquiry report. The documentary evidence submitted by the petitioner was sufficient enough to hold that the petitioner belongs to Mahadeo Koli tribe. Learned counsel further submits that, the constitution of the Scrutiny Committee was defective as the Member Secretary was not designated as the Deputy Director (Research). 4) We have perused the record. We find that the school record of the blood relative of the petitioner, Ashokkumar Laxmikant, shows that his caste was mentioned as Hindu when he was admitted in the school on 11-9-1961. The vigilance cell report was placed on record which is not favourable to the petitioner. According to the report, the petitioner could not establish her affinity linkages to the Mahadeo Koli. Learned counsel for the petitioner has placed reliance on following reported judgments in support of his submissions : 3 W.P.No.5800 of 2007 (1) Mahesh Pralhadrao Lad v. State of Maharashtra, 2009(2) Mh.L.J. 90. (2) Bharat Gulabsing Thakur v. State of Maharashtra, 2010(4) Mh.L.J. 458. 5) Learned Assistant Government Pleader Shri. Kadam, on the basis of the record and the instructions, submits that it is not necessary in law that the Research Officer shall accompany the police officer. In respect of the composition of the Committee learned Assistant Government Pleader has placed reliance on the judgment of a Division Bench of this Court in Writ Petition No.107 of 2010 dated 12th August 2011. We have perused the judgments cited above. Learned Assistant Government Pleader submits that, the old record of the blood relatives of the petitioner does not reflect that the petitioner belongs to Mahadeo Koli. The petitioner failed to produce cogent evidence. 6) We find that the composition of the Caste Scrutiny Committee was not defective. The petitioner failed to produce cogent evidence in support of the tribe claim. The entries in the school record in respect of petitioner's 4 W.P.No.5800 of 2007 close relatives is adverse to the claim of the petitioner. The petitioner has even failed to establish her ethnic linkages. Paragraphs 5 and 6 of the petition reads as under : "5. Petitioner submits that Committee conducted Home & School Enquiry through its Vigilance Cell, which submitted report on dt.8/3/2004, a copy of the report of Vigilance Cell was served upon petitioner by letter dt. 13/1/2005. Thereafter, by letter dt.5/2/2007, she was called for hearing on 20.2/2007. The letter & report, accordingly, were received by petitioner on 14/3/2007. A copy of Vigilance Cell is at Exhibit "F". 6. Petitioner was called for personal hearing 20/2/2007.She appeared for interview. Petitioner furnished information, in prescribed format, as also, at the time of personal hearing, proving affinity & ethnic linkage with Mahadeo Koli,Scheduled Tribe. However, ignoring entire evidence on record, Committee rejected claim by order dt.3/4/2007, on three flimsy grounds. A copy of impugned order of Committee dt.3/4/2007 is at Exhibit "G". 7) Considering the facts of the case and the documents placed on record we do not find that the Caste Scrutiny Committee erred in rejecting the tribe claim of the petitioner. 8) The writ petition is dismissed. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl