1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4400 OF 2006. KU. SHARDA BAHADURSINGH CHAUHAN VS THE STATE OF MAHARASHTRA THRO.ITS SECRETARY, TRIBAL DEGVELOPMENT DEPT AND OTHERS Office Notes, Office Memoranda of Coram, Court s or Judge s appearances, Court's orders or direction Orders and Registrar's orders. Shri S.P. Palshikar, Advocate for the petitioner. Shri TA Mirza AGP for R-1 3 & 4. Mrs. S. W. Deshpande, Advocate for the R-2. Shri Narayan Phadnis Advocate for R-3. Coram : B.P.DHARMADHIKARI AND F.M. REIS, JJ. Dated : 4th SEPTEMBER, 2009. Heard. The caste claim of the petitioner as belonging to Thakur Scheduled Tribes has been invalidated after noticing that in some of the documents caste of her blood relatives was recorded as Kshetriya, and she did not satisfy the affinity test. Advocate Shri Palshikar for the 2 petitioner states that the petitioner had filed the written submissions on 31-10-2005 before the Scrutiny Committee pointing out that Kshetriya is not a caste at all and it was a name given to a group of worrier people. He states that this aspect has not been considered by the Scrutiny Committee at all. He further states that the impugned order in this matter is dated 14-06-2006, and at that time, Division Bench view of this Court in case of Ravi Prakash Babulalsing Parmar VS. State of Maharashtra reported in 2004 (1) Mh.L.J. 177 was holding the field. He states that the said view has been reversed by the Apex Court on 31-10-2006 and said judgment is reported in 2007 Vol.2 Mh. L. J. 250 State of Maharashtra Vs. Ravi Prakash Parmar. He, therefore, states that the petitioner at the relevant time did not lead positive evidence to bring on record affinity, and in view of the changed position, if an opportunity is 3 given to the petitioner, the petitioner will lead such evidence. Advocate Mr. Patil for the Scrutiny Committee and the learned AGP Mr. T.A. Mirza for the Government are opposing the request. They said that the burden was always upon the petitioner and hence, the petitioner should have proved that Kshetriya is not a caste or then he had affinity with Thakur Scheduled Tribes. As the matter is old, the decision be taken as early as possible, and in any case by 31st July 2010. The petitioner shall appear before the Scrutiny Committee on 5th October, 2009, and shall abide by its further directions in the matter. Rule accordingly. No costs. JUDGE JUDGE /Muley/