1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 3534 OF 2009 Hanmant s/o Devarao Puthewad Age Major Occu.Agriculture, R/o Sawali, Tq.Mukhed, District Nanded .. Petitioner Versus 1. The State of Maharashtra 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member-Secretary 3. The Executive Magistrate, Mukhed, District Nanded 4. The Collector, Nanded, District Nanded .. Respondents Shri S.P.Urgunde, Advocate for petitioner Shri K.G.Patil, AGP for respondent No.1 Shri M.S.Deshmukh, Advocate for respondent No.2 CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ DATE : 23rd JUNE, 2009 2 ORAL ORDER [ PER P.V.HARDAS , J ] 1. This petition under Article 226 of the Constitution of India impugns the order passed by the respondent – scrutiny committee dated 8.5.2009 invalidating the tribe claim of the petitioner as belonging to Koli Mahadev – Scheduled Tribe. 2. Interestingly, the petitioner in order to support his claim that he belongs to Koli Mahadev – Scheduled Tribe submitted only three documents before the respondent – scrutiny committee. The aforesaid documents are (1) a xerox copy of the caste certificate issued to the petitioner by the Executive Magistrate which was the subject matter of verification; (2) Xerox copy of the school admission register in respect of children of the petitioner; (3) Xerox copy of the election identity card where caste was not mentioned. The Committee directed an enquiry to be conducted by the Vigilance Cell and the Vigilance Cell in its enquiry unearthed that caste of one Laxmi Narayan Puthewad was recorded as “Koli”. The petitioner in his reply to the report of the Vigilance Cell denied that Laxmi was in any manner related to him. The respondent – scrutiny committee then found that the petitioner had not produced adequate material on the basis of which the Committee would come to the conclusion that the petitioner belongs to Koli Mahadev – Scheduled Tribe. 3 Additionally, the Committee found that the petitioner had utterly failed in establishing affinity and ethnic linkage that he belongs to Koli Mahadev – Scheduled Tribe. 3. The burden to prove that the candidate belongs to a caste to which he claims lies on the candidate. In the present case the petitioner has miserably failed in establishing that he belongs to Mahadev Koli – Scheduled Tribe. Additionally, the petitioner could not establish his affinity and ethnic linkage with the Koli Mahadev – Scheduled Tribe. The respondent – scrutiny committee in its judgment has referred to the various aspects of the affinity test and how the petitioner has not been able to establish ethnic linkage and affinity with Koli Mahadev – Scheduled Tribe. 4. We have heard Shri Urgunde, learned Counsel for the petitioner and Shri M.S.Deshmukh, Advocat for respondent No.2 – scrutiny committee. Upon perusal of the findings we do not find any merit in the matter. This petition being sans merit is, therefore, summarily dismissed with no order as to costs. ( R.K.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/3534.09wp)