-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 4854 of 2008 Nishant Dipakbhai Hingu ..Petitioner vs. State of Maharashtra & ors. ..Respondents Shri E.A.Sasi for petitioner. Smt.M.P.Thakur, A.G.P. for respondents. CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & S.J.KATHAWALLA S.J.KATHAWALLA S.J.KATHAWALLA JJ. JJ. JJ. 18th November, 2008 18th November, 2008 18th November, 2008 P.C. P.C. P.C. 1. Heard. 2. The petitioner has challenged the decision of the Caste Scrutiny Committee on various grounds. We have gone through the impugned order annexed at page 42 along with the forwarding letter which is passed by the Caste Scrutiny Committee on 18th January, 2008. On going through the impugned order we find that the Caste Scrutiny Committee has failed to examine the caste claim of the petitioner by applying affinity test and has merely come to the conclusion that the petitioner does not belong to the caste "Vankar" as they had given in writing -2- that they belong to caste "Vankar-Vanza" and that their family is engaged in vocation of weaving which is known in vernacular as "Vinkar". 3. In our view, the Committee should conduct an enquiry into the matter by applying affinity test. Therefore, we quash and set aside the impugned order and remit the matter to the Caste Scrutiny Committee to re-examine the case of the petitioner and take a decision in the matter within a period of six weeks from the date of appearance of the petitioner. The petitioner is directed to appear before the respondent Caste Scrutiny Committee on 24th November, 2008. Petition stands disposed of accordingly. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)