1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3175/2010 Rajendra Uttam Gaikwad ..Petitioner versus State of Maharashtra & Ors. ..Respondents Mr.R.K.Mendadkar for Petitioner. Mr.C.R.Sonawane for State CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JUNE 22, 2010. P.C. : . Heard learned counsel for the petitioner and respondent . 2] This Writ Petition is directed against order dated 27/1/2010 passed by respondent no.2 ,Scheduled Tribe Caste Certificate Scrutiny Committee (hereinafter referred to as the Committee) whereby it is held that the petitioner does not belong to Thakar,Scheduled Tribe . 3] Counsel for the petitioner has submitted that the Committee failed to take into consideration the fact that the birth record in 2 respect of the persons relied upon by the Committee were not related to the petitioner. Similar is the situation in respect of the record pertaining to death register and school record. It is contended that since the said persons were not related to the petitioner the birth and death record pertaining to them has no relevance so far as the caste verification proceeding of the petitioner is concerned. It is contended that for the above referred reasons the impugned order cannot be sustained in law. It is further contended that the Committee failed to undertake affinity test which has resulted in violating the law declared by the Full Bench of this Court ( reported in 2009(3) Mh.L.J.) . In the circumstances it is submitted that the impugned order is not sustainable in law and it be quashed and set aside. 3] Learned A.G.P.supported the impugned order and submitted that in the reply filed by the petitioner before the Committee the only statement is made that the documents of the persons relied upon by the Committee were not related to the petitioner. It is submitted that the petitioner except the above referred statement made in reply failed to substantiate this aspect by adducing the appropriate 3 evidence and in absence thereof the Committee was justified in placing reliance on those documents. It is further contended that the Committee has applied affinity test and found that the petitioner failed to establish affinity with Thakar Scheduled Tribe . 4] Considered the contentions canvassed by the respective parties and perused the documents pertaining to the close relatives of the petitioner as mentioned in paragraph 3 of the impugned order . The birth record in respect of cousin grand fathers , grand father, grand father’s sister, aunt and uncle shows that caste mentioned in the relevant document is either Kunbi,Marathi,or Maratha. Similar is the situation in respect of death record of the relatives of the petitioner. Considering the above referred documentary evidence the Committee has come to the conclusion that the petitioner failed to establish that he belongs to Thakar Scheduled Tribe . The petitioner in his reply merely denied this fact that these persons are related to him . However, in order to substantiate this aspect no evidence is placed before the Committee in this regard. In absence thereof the finding recorded by the Committee that the petitioner failed to 4 establish the affinity with Thakar Scheduled Tribe is just and proper. For the reasons stated above no case is made out to quash and set aside the impugned order. Petition is dismissed. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)