bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7785 OF 2007 PETITION NO. 7785 OF 2007 PETITION NO. 7785 OF 2007 Shah Yasmin Isarar Ahmad ... Petitioner V/s State of Maharashtra & ors. ... Respondents Mr.R.K.Mendadkar for the petitioner. Mr.C.R.Sonawane, A.G.P. for respondent Nos.1, 2 and 5. Mr.R.S.Apte for the respondent No.3. Mr.A.A.Garge i/by N.R.Bubna for the respondent No.4. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 12TH FEBRUARY, 2008. 12TH FEBRUARY, 2008. 12TH FEBRUARY, 2008. P.C. P.C. P.C.: 1. Heard. 2. The petitioner challenges the order passed by the Caste Scrutiny Committee on 7.9.2007 wherein the applicant Smt. Bismillah Khalid Khoja Ahmed, respondent No.4’s caste shown as Muslim Tamboli was scrutinized and the caste certificate issued by the competent authority was held valid. The respondent No.4 was required to obtain this caste certificate for the purpose of election. 3. It is the contention of the petitioner that there is no material in the form of document or social 2 characteristics, traits, customs, which has been brought on record to show that respondent is Muslim Tamboli. On the other hand, the basis on which the caste certificate is held to be valid is a certificate issued in the year 1959 in favour of grandfather’s cousin of the respondent describing it to be Other Backward Class. Mr. Mendadkar specifically argued that in the year 1959 Tamboli was not recognized as Other Backward Class which is not correct as Entry No.206 in Schedule-A of the Government Resolution dated 23.4.1942 specifically includes caste Tamboli as belonging to Intermediate and Backward Class respectively and Tamboli falls in Intermediate category. 4. The Caste Scrutiny Committee has also conducted the vigilance enquiry into the matter and found that from three generations the family of respondent No.4 have been dealing in the business of betel-nut which is the ancestral profession of persons belonging to caste Tamboli. Therefore, we do not find that the decision taken by the Caste Scrutiny Committee in holding that the caste certificate issued in favour of respondent No.4 as valid is correct. 5. Petition stands dismissed. 3 (SMT (SMT (SMT.NISHITA NISHITA NISHITA MHATRE MHATRE MHATRE, J J J.) (J (J (J.N.PATEL PATEL PATEL, J J J.)