1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8876 OF 2009 Kiran Ramkrishna Thakur .. Petitioner Vs State of Maharashtra and ors .. Respondents Mr. R.K.Mendadkar with Ms Sheetal V Chavan, Advocate for the petitioner. Mr. C.R.Sonawane, AGP, for Respondent nos 1 and 2. CORAM : F.I.REBELLO & D.B.BHOSALE, JJ. DATE : 04/11/2009 PC: 1. Rule, heard forthwith. 2. In view of the order to be passed, we do not propose to give detailed reasons. 3. The petitioner claims to be belonging to Thakur Scheduled Tribe. The petitioner’s caste claim was considered by the committee and the decision was communicated to the petitioner by letter of 8.11.2004. That order was subject to certain matters which are referred to therein. 4. The issue of affinity test for consideration that the petitioner belongs to Scheduled Tribe after the judgment of the Supreme Court in the case of State of Maharashtra Vs. R. T 2 Parmar (2007 (1) SCC 80), came up for consideration before the Full Bench of this Court in Shilpa Vishnu Thakur and another Vs. State of Mah and ors, 2009 (3) Mh.L.J.995. The Full Bench of this court laid down the affinity test for consideration for considering whether person belongs to Thakur, Scheduled Tribe. Learned counsel for the petitioner informs us that a Special Leave Petition was filed before the Honourable Supreme Court and leave has been granted. However, there is no stay of the said judgment. In the light of that, the following order. The order dated 1.11.2004 (Exhibit-A to the petition) is set aside. The matter is remanded back to the Committee for consideration de novo, in the light of the Full Bench Judgment of this Court in Shilpa Vishnu Thakur’s case and the Judgment of the Supreme Court in Kum.Madhuri Patil’s case. The entire exercise is to be completed within six months from today by respondent no.2. In the meantime, respondent no.3 is directed not to terminate services of the petitioner. It is made clear that continuance in service of the petitioner is subject to the order that will be passed by the committee. Rule is accordingly made absolute. No order as to costs. (D. B. Bhosale, J.) (F.I.Rebello, J.) 3