1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 151 OF 2009 PETITIONER : Vilas Bhaurao Shendre, Aged about 40 years, Occu. Nil R/o Virshi, Tah,. Bhatkuli, Dist. Amravati. - VERSUS - RESPONDENTS : 1] State of Maharashtra, through its Ministry of Tribal Welfare Department, Mantralaya, Mumbai – 400 032. 2] The Committee for Scrutiny and Verification of Tribe Claims, Amravati Division, Amravati, through its Secretary, having office at Irwin Chowk, Amravati. 3] The Commissioner of Police, Bruhanmumbai, Desk-4, D.N.Road, Mumbai. 4] The Executive Magistrate, Amravati. --------------------------------------------------------------------------------------------------- Mr. Anil S. Mardikar, Advocate for Petitioner. Mr. A.S.Fulzele, A.G.P. for Respondent no.1, 3 & 4 --------------------------------------------------------------------------------------------------- CORAM : D. B. BHOSALE ; and PRASANNA B. VARALE, JJ. DATED : 15th June, 2010. P. C. 1] Heard learned counsel for the parties. 2 2] By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the order dated 11/7/2008, passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, Amravati (for short “the Scrutiny Committee”). By this order, the Scrutiny Committee has invalidated the caste claim of the petitioner holding that he does not belong to 'Koli Mahadeo', Scheduled Tribe. 3] We have perused the impugned order so also the other material placed before the Court. Apart from the fact that the petitioner has failed to produce any convincing material/documents in support of his claim, it appears that the father of the applicant, in the course of inquiry, had stated that he is 'Koli' and not 'Koli Mahadeo', as claimed by the petitioner. Even the school record of the petitioner shows that his caste was mentioned as 'Koli' on the date of admission i.e. 01/7/1985. The petitioner, in defence, had stated that his caste was entered as 'Koli' as facilities were not available from 1950 to 1976. In view thereof and having considered the judgment of the Supreme Court in case of Ku. Madhuri Patil (A.I.R. 1995 S.C. 94), the Scrutiny Committee has invalidated the caste claim of the petitioner holding that he does not belong to 'Mahadeo Koli', Scheduled Tribe. We do not find any error 3 worth noticing. 4] In the circumstances, we are not inclined to interfere with the impugned order in writ jurisdiction of this Court. Hence, the writ petition is dismissed. 5] At this stage, Mr. Mardikar, learned counsel for the petitioner, submits that the petitioner would like to approach his employer seeking protection of his employment. It is open to the petitioner to do so. While making this observation, we shall not be understood to have expressed any opinion on the right of the petitioner to seek protection of his service and if any such application/ representation is made, the same may be considered in accordance with law and without being influenced by this order. JUDGE JUDGE Diwale