3.wp.212.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.212 OF 2009 Shri Kundlik Baburao More. ..Petitioner. Versus The State of Maharashtra and another. ..Respondents. .... Mr.A.M. Joshi, Advocate for the Petitioner. Mr.C.R. Sonawane, A.G.P., for Respondent - State. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 30TH NOVEMBER, 2009 P.C.:- 1. By this Petition, the petitioner challenges an order passed by the Scheduled Tribe Certificate Scrutiny Committee, Pune Region, Pune dated 30th June, 2008. The Scrutiny Committee by that order has held that the claim of the petitioner that he belongs to Mahadev Koli, Scheduled Tribe, is not valid. 2. Perusal of the order of the Scrutiny Committee shows that the Scrutiny Committee has taken into consideration the 3.wp.212.09 2 entire material produced before it, including two validity certificates on which reliance is placed by the petitioner. The Scrutiny Committee has noted that the petitioner has not produced any pre 1950 documents to support the case that she belongs to Mahadev Koli tribe. 3. The learned Advocate for the petitioner submits that as the Division Bench of this Court has held that one of the Members of the Scrutiny Committee by name A.V.Hankare was not qualified to be appointed as a Member of the Scrutiny Committee, the order should be set aside for that reason. In our opinion, however, in view of the order passed by Division Bench of this Court, to which one of us i.e. K.K.Tated,J was a party, dated 13th November, 2009 passed in Writ Petition No.9498 of 2009 (Miss.Shradha Chandrashekhar Koli Vs. State of Maharashtra and 2 others.) , the present Petition cannot be entertained even on that ground. The Division Bench in its order dated 13th November, 2009 has clearly held that merely because Shri A.V. Hankare did not have qualification to be appointed as a Member, the order passed by the Committee of which he 3.wp.212.09 3 was a Member, only because for that reason, does not become a nullity in law. 4. Taking overall view in the matter, the present Petition cannot be entertained and it is rejected as such. (D.K.DESHMUKH,J) (K.K. TATED,J)