1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8474 OF 2006 Navnath s/o Kirushnaji Godghase, R/o-Deulgaon Banda, Tq-Risod, Dist-Washim. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, 2) The Schedule Tribe Caste Certificate Verification Committee, Aurangabad Division, Aurangabad, Through its Chairman/Secretary, 3) The Head Master, Shivaji High School & Higher Secondary Vidyalaya, Haral, Tq-Risod, Dist-Akola, 4) The District Collector, Office of the Collectorate, Aurangabad, 5) The Tahsildar, Tahsil Office, Aurangabad. ...RESPONDENTS. ... Shri. S.S. Kulkarni Advocate for Petitioner. Shri. V.B. Ghatge, A.G.P. for Respondent Nos. 1, 4 and 5. Shri. P.S. Patil Advocate for Respondent No.2. ... 2 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 16TH JUNE, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioner- teacher claims to be belonging to "Koli Mahadev", Scheduled Tribe. He was appointed as a teacher. The Petitioner secured appointment on the basis of caste certificate as "Koli Mahadev". The School Authorities forwarded the caste certificate for verification. The Petitioner produced number of documents before the Committee in respect of his school record, record of his real brother and cousins. The Petitioner did not produce any record in respect of caste of Petitioner's father. Vigilance cell report was called by the Committee. Copy of the same was served on the Petitioner. The Petitioner preferred not to file any reply to the vigilance cell report. By an order dated 25th April 2006, the 3 Committee invalidated the claim of the Petitioner. 3. The counsel for the Petitioner submitted that the Petitioner's school record is favourable to the Petitioner. School record of the close relatives of the Petitioner reflects the caste as "Koli Mahadev". The Petitioner did not get proper opportunity to put up his case before the Committee. It was submitted that though the Petitioner's father was admitted in the school, he discontinued his study, but his school record could not be traced out. 4. Counsel for the Committee placed original record before us. We have perused the record and order passed by the Committee. Along with the vigilance cell report, the extracts of the school record of the Petitioner, his cousin brother and real sister are produced. These extracts were issued by the Authorities of Zilla Parishad Primary School, Deulgaon Banda. The record shows that the Petitioner's entry at sr. no.436 in the 4 primary school record refers to Petitioner's caste as "Koli". The Petitioner was admitted in the school on 3rd July, 1962. In respect of entry at sr. no.272 relating to Petitioner's real brother, there is an endorsement that word "Mahadev" was added later on. At sr. no.575, entry in respect of Petitioner's sister shows her caste as "Koli". At sr. no.50(A) entry in respect of Petitioner's cousin brother shows his caste as "Koli". 5. The Petitioner placed reliance on the school record of 1962 in respect of Zilla Parishad Primary School, Risod, Zilla Parishad Akola and the school record of his blood relatives. 6. The Committee examined these documents, the original record and considered the vigilance cell report. The Committee observed that the Petitioner could not satisfy the affinity test. The evidence led by the Petitioner could not establish his caste to be of "Mahadev Koli". 5 7. Considering the record placed before us and the observations made by the Committee, we do not find any glaring, serious error or apparent mistake in the conclusion reached by the Committee to exercise our extra ordinary writ jurisdiction under Article 226 of the Constitution of India. The Petition is accordingly dismissed. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JUNE10/wp8474.06