1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.534 OF 2008 Smt.Sarojini Vinayak Javsen alias Smt.Saroj Vijay Varsolkar .. Petitioner Vs. The Scheduled Tribe Certificate Scrutiny Commitee & Anr. .. Respondents WITH WRIT PETITION NO.549 OF 2008 Smt.Sarojini Vinayak Javsen alias Smt.Saroj Vijay Varsolkar .. Petitioner Vs. The Divisional Commissioner, Konkan Division & Anr. .. Respondents Mr.Gautam Hiranandani i/b Mr.C.G.Gavnekar for the petitioner Mr.V.S.Masurkar, G.P. for respondent nos.1 and 2 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED : 25TH JANUARY, 2008 DATED : 25TH JANUARY, 2008 DATED : 25TH JANUARY, 2008 P.C.: 1. Heard. 2. This petition is filed impugning the decision of the Caste Scrutiny Committee which by its order dated 08.06.2007 held that the petitioner 2 / applicant Smt.Sarojini Vinayak Javsen alias Smt.Saroj Vijay Varsolkar does not belong to caste Mahadeo Koli Scheduled Tribe and therefore, the caste certificate issued to her came to be invalid which resulted in her disqualifying from the post on which she came to be elected on the strength of the caste certificate issued by the Tahsildar, Alibag dated 26.07.1974. 3. It is the case of the petitioner that she contested the election of Panchayat Samiti from 69 Revdanda Constituency, Taluka Alibag, District Raigad from the seat reserved for Scheduled Tribe and that she belongs to caste Hindu Mahadev Koli which is Scheduled caste. 4. The Caste Scrutiny Committee has scrutinised the caste claim of the petitioner by referring to the documents placed on record, the report of the vigilance cell and by applying to the affinity test and in all three counts found that the documents, report of the vigilance cell, and affinity test clearly go to show that the caste of relatives of the petitioner including her father in 3 the relevant records shows their caste as Koli. 5. The Vigilance Committee also called upon the petitioner to give her say in the matter. She failed to respond to the report of the Vigilance Cell and further, during the scrutiny was not able to satisfy the committee in respect of traits, characteristics and customs observed by Mahadev Koli, Scheduled Tribe. 6. In the aforesaid circumstances, we do not find that impugned order suffers from any error or illegality. As such, the petition is dismissed. 7. In view of the fact that we have dismissed the petition filed by the petitioner impugning the order of the Caste Scrutiny Committee, the impugned order which is challenged in the second Writ Petition i.e. 549 of 2008 which came to be passed by the Competent Authority i.e. the Divisional Commissioner disqualifying her from the post also does not survive and is dismissed. 4 ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J )