1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.5156 OF 1997. Quadri Naseruddin S/o Ahmed Mujubuddin, Aged 18 years, Occ.Education, R/o 2-8-49, Khoza Gully, Fazalpura, Aurangabad. ... POetitioner. Versus 1. The State of Maharashtra. 2. The Committee for Scrutiny & Verification of Tribe Claims, M.S.Nasik. 3. The Collector & District Magistrate, Aurangabad. 4. The Dean, Govt. Medical College, Nanded. ... Respondents. ... Mr.S.B.Talekar, advocate for the petitioner. Mr.K.B.Choudhari, Addl.Govt. Pleader for the State. Mr.P.S.Patil, advocate for the Respondent No.2. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 27.07.2010. 2 ORAL JUDGMENT (Per B.R.Gavai,J.) 1. By the present petition, the petitioner challenges the order dated 18.11.1997, passed by the Respondent Scrutiny Committee, thereby invalidating the claim of petitioner of belonging to Tadvi tribe. 2. Mr.Talekar, learned counsel appearing on behalf of the Petitioner submits that the authority has grossly erred in rejecting the claim of the petitioner, merely on some assumptions and presumptions to the effect that the answers given by the petitioner regarding traits of the Tadvi tribe were not properly answered. 3. Mr.Talekar, further submits that the Committee has failed to take into consideration the material evidence i.e. the validation of the claim of the petitioner's real cousin by the Committee. 4. Mr.Patil, learned counsel appearing for the Respondent Committee, on the contrary submits 3 that the Committee on the basis of material on record has found that the petitioner has utterly failed to establish the claim of belonging to Tadvi tribe. He further submits that as a matter of fact, the Committee has also taken into consideration contra evidence which establishes that his caste/religion is mentioned as Muslim, in the records. 5. From the perusal of the record we find that the petitioner has failed to produce any document on record which is prior to 1950 which will show that petitioner or his forefathers belong to Tadvi tribe. In absence of any positive evidence, no error could be found on the part of the Committee in taking into consideration the contra evidence of the petitioner himself that he is of Muslim community. 6. No error is noticed in the order to warrant interference. Hence, the petition is 4 rejected. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp515697