1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3014 OF 2010 Shri Nandkumar s/o Dattaram Salla .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Mr.S.C.Yeramwar, Advocate for petitioner Mr.K.J.Ghute Patil, A.G.P. for respondent No.1 & 3 Mr.P.S.Patil, Advocate for respondent No.2 CORAM : P.V.HARDAS AND N.D.DESHPANDE, JJ. DATE : 14th June 2010 PER COURT : 1. This is a petition under Article 226 of the Constitution of India which takes exception to an order of the respondent – scrutiny committee dated 12.8.2009 invalidating the claim of the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 2. It appears that the petitioner, who had been employed by the City and Development Corporation of Maharashtra Ltd., Mumbai on a seat which was reserved for Scheduled Tribe personnel, had his certificate referred to the respondent – scrutiny committee for verification. The 2 petitioner produced several documents on which the petitioner based lhis claim. The aforesaid documents/certificates are enlisted in the order of the respondent – scrutiny committee as documents from Serial No.1 to 22. The respondent – scrutiny committee invalidated the claim of the petitioner as belonging to Mannerwarlu – Scheduled Tribe on the ground that the school record of the real brothers of the petitioner by name Suryakant and Chandrakant and his real sisters named Surekha, Mangala, Pratima and Jayashree, the caste which was recorded as “Telgu”. The aforesaid documents were the oldest documents in the point of time and, therefore, the scrutiny committee invalidated the tribe claim of the petitioner. The scrutiny committee also found that the petitioner had not been able to establish ethnic linkage and had failed in the affinity test. 3. We have heard learned Counsel for the petitioner, learned Assistant Government Pleader for State and Mr.Patil, learned Counsel on behalf of respondent No.2. With the assistance of learned Counsel we have perused the findings recorded by the scrutiny committee. In the light of such overwhelming contra evidence, according to us, no fault can be found in reasoning of the scrutiny committee in invalidating the tribe claim of the petitioner. 4. We, therefore, find that the petitioner had utterly failed to establish that the petitioner belongs to Mannerwarlu – Scheduled Tribe. In that 3 light of the matter since there is no merit in the petition, the petition is summarily dismissed with no order as to costs. ( N.D.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/3014.10wp)