1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5167 OF 2009 Sandeep Maruti Borane ..Petitioner Vs. State of Maharashtra and ors. ..Respondents ......... Mr.C.K.Bhangoji i/b.Mr.R.K.Mendadkar, for petitioner. Mr.C.R.Sonawane, AGP for respondent nos.1, 2 and 4 State. Mr.N.P.Deshpande, for respondent no.3. ......... CORAM: P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 18 th MARCH, 2010. P.C. : By way of this petition, the petitioner has challenged the judgment and order dated 29 th January, 2009 passed by respondent no.2 – Committee, by which the caste certificate of petitioner has been invalidated. 2] The petitioner was granted certificate that he belongs to Mahadev Koli, Scheduled Tribe by Tahsildar, Pune. Subsequently, he was appointed as a Junior Clerk in the reserved category of Scheduled Tribe. The respondent no.3, 5167-09.sxw 2 thereafter, referred his caste certificate to the Caste Scrutiny Committee, Pune, for verification. Thereafter, appropriate inquiry was held through the Vigilance Cell. The relevant school record of the petitioner as well as the record of uncle of the petitioner was examined by the Scrutiny Committee. The Committee, after considering the evidence on record, found that the claim of the petitioner that he belongs to Mahadev Koli is not believable. The Committee has considered the evidence in great details. The Committee has considered the report of the Vigilance Cell. The observation regarding the same at page no.24 wherein it has been found that the uncle of the petitioner Bhiva Shiva Borane was belonging to Hindu Maratha caste. In the abstract of school record of the applicant’s relatives, the Vigilance Officer found that at Serial No.1 and 2 the name of Bhiva Shiva Borane (applicant’s real uncle) is appeared. At Serial No.1 his caste is recorded as “Hi. Maratha’ while at Serial No.2 his caste is recorded as `Hindu Maratha’, however, it is observed that “Mahadeo Koli” is written newly over the word “Maratha”. The caste of the petitioner’s father was shown as Hindu (Mahadev Koli). The relevant matter which was considered after 1950, where the new caste of the petitioner’s uncle was shown as Hindu Maratha at the time of admission in the school in 1950. Even the Vigilance Officer also considered the entry in the birth record of the petitioner received from the office of Tahsilder, Velhe. The various entries of the petitioner’s uncle and cousin uncle have been 5167-09.sxw 3 shown as Hindu Maratha. The oldest document of the year 1940-1950 which is in connection with the petitioner’s grand father shows his caste as Koli which comes in Special Backward Caste and not Scheduled Tribe. Such aspect has been considered by the Committee at page 28 in the order. In view of this, it is found that the claim of the petitioner that he belongs to Mahadev Koli is rightly not accepted by the petitioner. It is found by the Committee at page no.40 of the order that the petitioner’s father could not give information about most of the peculiar traits, characteristics, customs and traditions prevailed in Koli Mahadev, Scheduled Tribe. He has also failed in affinity text. 3] In our view, the Scrutiny Committee has considered all relevant aspects of the matter and it is found that the claim of petitioner that he belongs to Mahadev Koli is not believable. All necessary documents have been considered in proper manner and this Court in its extra ordinary jurisdiction cannot reappreciate the evidence. Learned counsel for the petitioner is not in a position to point out as to how the order of Committee suffers from illegality. Considering the said aspect, we do not find any substance in this petition. Petition is dismissed. 4] Learned counsel for the petitioner submits that, subsequently, if the termination order is passed by the Management against the petitioner, then he wants to take out certain proceedings. If the petitioner wants to challenge the said order, if passed, he can challenge the same in accordance with law and on 5167-09.sxw 4 the said aspect this Court has not expressed any opinion as the said matter is not before this Court. [R.G. KETKAR, J.] [P.B. MAJMUDAR, J.] 5167-09.sxw