1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5642 OF 2009 Rahul Ashok Chikhle ..Petitioner Vs. State of Maharashtra & Ors. ..Respondents Shri R.K.Mendadkar for the Petitioner Smt. A.B.Vasani AGP for Respondent Nos.1 to 3 Coram: P.B.MAJMUDAR AND R.M. SAVANT, JJ. 2nd July, 2010 P.C. 1. By way of this Petition, filed under Article 226 of the Constitution of India, the Petitioner challenges the order passed by the Caste Scrutiny Committee, Nashik. The Committee has considered the claim of the Petitioner as to whether he belongs to Mahadeo Koli Scheduled Tribe. The Caste Scrutiny Committee which is constituted for verifying the claim of the Tribal by giving cogent reasons, came to the conclusion that the claim of the Petitioner that he belongs to 2 Mahadeo Koli Scheduled Tribe is false. The Committee has considered various documents and also considered the Vigilance Cell report. The statement of the Petitioner’s father was also taken into account. From the evidence on record, the Committee came to the conclusion that the Petitioner does not belong to Mahadeo Koli, Scheduled Tribe as per the Vigilance Cell Report, the school certificate of the Petitioner’s grand father and father shows the entry “Taru” in the caste column. The said documents are of 1935 and 1965 respectively. The Committee has also considered the nature of work that the Petitioner and his forefathers were doing and it was found that there is no nexus between the avocation carried out by the Petitioner and his forefathers with Scheduled Tribe Mahadeo Koli. 2. Considering the statement of the Petitioner’s father as well as of the Petitioner regarding the customs etc. The Caste Scrutiny Committee has recorded a finding of fact and has come to the conclusion that the Petitioner has failed to establish that he belongs to Mahadev Koli Scheduled Tribe. 3 3. Considering the order of the Caste Scrutiny Committee which is based on documentary evidence on record, we do not find any substance in this Petition. If a person, who is not belonging to a particular Tribe or Caste tries to obtain the caste certificate, then a genuine person will be deprived of getting the benefit as belonging to the said Caste or Tribe. In our view, the Committee, therefore, rightly reached the conclusion as aforesaid. We, therefore, do not find any substance in the Petition. 4. The Petition is accordingly dismissed. (R.M.SAVANT, J.) (P.B.MAJMUDAR, J.)