1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4213 OF 1998 Khan Asaraf Idris .... PETITIONER VERSUS Competent Authority and Director of Medical Education & Oths. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. N.S.Patil, Advocate holding for Mr. petitioner. Mr. P.S.Patil, Advocate for respondent no. 2. -------------------------------------------------------------------------------------------------------- CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 09/08/2010 ORAL ORDER : 1. The petitioner challenges order passed by the Scrutiny Committee, thereby invalidating the claim of the petitioner belonging to ' Tadvi ' Scheduled Tribe. 2. Mr. N.S. Patil, the learned counsel appearing on behalf of the petitioner submits that the Committee has erroneously rejected the claim of the petitioner, when as a matter of fact, claim of the relative of the petitioner namely Ayesha has been validated. 3. It is the settled position of law that a person gets caste from his 2 paternal side and not from maternal side. In so far as case of Ayesha is concerned, though her father is non tribal , she has been granted caste certificate. The Committee itself has found that the validity certificate granted in favour of Ayesha was erroneous. 4. The error committed in case of another person, would not ipso facto would entitle the petitioner to claim validity. 5. In any case, the school leaving certificate of the petitioner shows that his caste is mentioned as Muslim. The reliance placed on the document furnished by the Municipal Corporation i.e. the Death Certificate of the petitioner's grand father showing him to be ' Tadvi ', has been found to be the fabricated document by the Vigilance Cell. 6. In that view of the matter, no merit is found in the petition. The petition is disposed off. Rule is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 4213.98