pvr 1 wp5362-10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5362 OF 2010 Dhonduram Dinaji Kadam. ...Petitioner vs. 1.State of Maharashtra & ors. ...Respondents --- Mr.R.K.Mendadkar, for Petitioner. Mr.C.R.Sonawane, for Respondents. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 21st October, 2010 P.C.: 1. By this petition, the petitioner challenges the order dated 8.12.2009 holding that the claim of the petitioner that he belongs to Thakur Scheduled Tribe is not valid. The Scrutiny committee has found that the entry in the school record in relation to the applicant pvr 2 wp5362-10 and the applicant s real brother was Hindu Maratha and there is a scratching in the original record. The Scrutiny committee has also applied affinity test and has held that the petitioner does not have any affinity with the Thakur Scheduled Tribe. The learned Counsel appearing for petitioner submitted that on 28.8.2003 validity certificate was issued in favour of the elder brother of the petitioner by the Scrutiny Committee holding that his claim that he belongs to Thakur Scheduled Tribe is valid. We called for the record of that case. Perusal of that record shows that that certificate was issued by the Scrutiny committee without calling for any report from the vigilance cell. It is mandatory requirement as per the directions of the Supreme Court in the case Kum.Madhuri Patil Vs. Addl.Commissioner, Tribal Dept., 1994(6) SCC 241 . In our opinion, therefore, as the caste validity certificate in favour of the brother of the petitioner was issued in breach of mandatory directions of the Supreme Court, it was rightly pvr 3 wp5362-10 ignored by the Scrutiny Committee. The petitioner also relies on the birth extract of the year 1943 where one Dhondi is shown to have born and her caste is mentioned as Thakur. What is to be seen here is that the surname of her father is mentioned as Thakur. Therefore, the Scrutiny Committee assuming that the caste of the petitioner is Thakur, had conducted affinity test. The Scrutiny committee consists of experts, and it after considering the relevant aspects and after applying the affinity test, has recorded a finding of facts, and therefore, this Court in its extraordinary writ jurisdiction cannot interfere with the same. Hence, the petition is rejected. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)