Kambli 1 WP4398.07 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4398 OF 2007 ... Sangita Santosh Thakur ...Petitioner v/s. 1.The State of Maharashtra 2.The Scheduled Tribe Caste Certificate Scrutiny Committee 3.Maharashtra Vidyalay ...Respondents ... Mr.R.K.Mendadkar for the Petitioner. Mr.V.A.Gangal Special Counsel with Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 22nd November,2010 P.C.: 1. By this petition the Petitioner challenges the order dated 28th February, 2007 passed by the Scrutiny Committee holding that the claim of the Petitioner that she belongs Kambli 2 WP4398.07 to Thakar Scheduled Tribe is not valid. 2. Perusal of the order shows that the Petitioner had relied on the validity certificate issued in favour of her first cousin Shri Bhushankumar Atmaram Thakur certifying that he belongs to Thakur scheduled Tribe. Perusal of the record shows that the Bhushankumar has been granted validity certificate because of order passed by the learned single Judge of this Court dated 11-7-2000 in Writ Petition No.2445 of 1994. Perusal of that order shows that the learned single Judge directed the Scrutiny Committee to issue validity certificate in favour of Bhushankumar only because the Court found that he belongs to Thakur Caste. No affinity test was conducted, presumably because at that time as the law stood the affinity test was not permitted to be Kambli 3 WP4398.07 conducted. Now, in view of the judgment of the Full Bench of this Court in its judgment in the case of Shilpa Vishnu Thakur v/s. State of Maharashtra & Ors., 2009(3) Bom.C.R. 497, the law is settled that if the nomenclature of the caste is same, then affinity can be held. In the present case the affinity test has been conducted by the Scrutiny Committee and there is a finding recorded by the Scrutiny Committee that the Petitioner has no affinity with Thakur scheduled tribe. The learned Counsel appearing for the Petitioner submitted that the Scrutiny Committee has not given any reasons for holding that there is no affinity to the Thakur scheduled tribe. 3. We find no substance in the submission. Because not only the Scrutiny Committee has given reasons, but the Kambli 4 WP4398.07 Vigilance Cell has also given reasons for holding that there is no affinity between the caste of the Petitioner and that of scheduled tribe Thakur. We find no substance in the petition. Petition, thus, fails and is dismissed. Rule discharged. No order as to costs. (D.K.Deshmukh,J.) (N.D.Deshpande, J.)